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Case information 2019

 

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Listed below are the substantive Supreme Court cases for 2019 along with appeals still to be determined or cases awaiting hearing. 

Information giving an overview of the case is included along with media releases and links to judgments being appealed when available.

All 2019 - 2014 Supreme Court cases dismissed or deemed to be dismissed where a notice of abandonment was received can be found here

Transcripts for cases heard before the Supreme Court are included provided they are not suppressed.  Transcripts from pre-trial hearings are not published until the final disposition of trial.  These are unedited transcripts and they are not a formal record of the Court’s proceedings. The Ministry of Justice does not accept responsibility for the accuracy or completeness of any material and recommends that users exercise their own skill and care with respect to its use.

Updated  5 December 2019    

Case information summary 2019 (as at 29 November 2019) - cases granted leave to appeal (PDF, 21 KB)
Case information summary 2019 (as at 29 November 2019) - cases where leave to appeal decision not yet made (PDF, 25.8 KB)

 

Case number

SC 1/2019

Case Name

R (SC 1/2019) V The Queen

Summary

Criminal Appeal – Whether the Court of Appeal erred in dismissing the appeal against conviction. 

Transcript

Hearing date 14 May 2019

Result

A The application for leave to appeal is granted (R (CA158/2018) v R [2018] NZCA 529.
B The approved ground of appeal is whether the Court of Appeal was correct to dismiss the appeal.
21 February 2019

_________________________

The appeal is dismissed.
16 August 2019

District Court judgment Not publicly available
Judgment appealed from - Court of Appeal R (CA158/2018) v R [2018] NZCA 529 [27 November 2018]
Leave judgment - leave granted R (SC 1/2019) v R [2019] NZSC 10 [21 February 2019]
Substantive judgment / Media release R (SC 1/2019) v R [2019] NZSC 87 [16 August 2019]

 

Case number

SC 10/2019

Case Name

The Queen v K

Summary

Order prohibiting publication of the judgment and any part of the proceedings (including the result) in news media or on the internet or other publicly available database until final disposition of trial. Publication in law report or law digest permitted.   

Date of Hearing, judges

27 March 2019

Winkelmann CJ, William Young, Glazebrook, O'Reagan and Ellen France JJ

Result

Order prohibiting publication of the judgment and any part of the proceedings (including the result) in news media or on the internet or other publicly available database until final disposition of trial. Publication in law report or law digest permitted.
10 May 2019

High Court judgment Not publicly available
Judgment appealed from - Court of Appeal
Not publicly available 

 

Case number

SC 14/2019

Case Name M(SC 14/2019) The Queen
Summary

Order prohibiting publication of the judgment and any part of the proceedings (including the result) in news media or on the internet or other publicly available database until final disposition of trial. Publication in law report or law digest permitted.          

Result

Order prohibiting publication of the judgment and any part of the proceedings (including the result) in news media or on the internet or other publicly available database until final disposition of trial. Publication in law report or law digest permitted.
28 February 2019

High Court judgment Not publicly available
Judgment appealed from - Court of Appeal
Not publicly available 

 

Case number

SC 17/2019

Case Name Brooke Christie Rolleston v The Queen
Summary

Criminal Appeal – Whether a member of the jury appeared biased – Whether the Court of Appeal erred in dismissing the appeal against conviction. 

Result

A Leave to appeal is granted to the applicants (Rolleston v R [2018] NZCA 611).
B The approved question is whether the Court of Appeal was correct to dismiss the conviction appeals.
21 March 2019

_________________________

A  The application to cross-examine the foreperson is dismissed.
B  The appeals are dismissed.
C  Existing suppression orders in respect of the minutes issued in relation to this matter remain in place but are varied to continue until further order of this Court.                                                                                                                         

19 November 2019

Hearing date

20 June 2019

Winkelmann CJ, Glazebrook, O'Regan, Ellen France and Williams JJ

______________________

13 November 2019

Winkelmann CJ, Glazebrook, O'Regan, Ellen France and Williams JJ

High Court / District Court judgment Not publicly available
Judgment appealed from - Court of Appeal
Leave judgment - leave granted
Supreme Court : order made
Substantive Judgment - reasons to follow

 

Case number

SC 18/2019

Case Name Brandon James Roche v The Queen
Summary

Criminal Appeal – Whether a member of the jury appeared biased – Whether the Court of Appeal erred in dismissing the appeal against conviction. 

Result

A Leave to appeal is granted to the applicants (Rolleston v R [2018] NZCA 611).
B The approved question is whether the Court of Appeal was correct to dismiss the conviction appeals.
21 March 2019

____________________

A  The application to cross-examine the foreperson is dismissed.
B  The appeals are dismissed.
C  Existing suppression orders in respect of the minutes issued in relation to this matter remain in place but are varied to continue until further order of this Court.
19 November 2019

Hearing date

20 June 2019

Winkelmann CJ, Glazebrook, O'Regan, Ellen France and Williams JJ

______________________

13 November 2019

Winkelmann CJ, Glazebrook, O'Regan, Ellen France and Williams JJ

High Court / District Court judgment Not publicly available
Judgment appealed from - Court of Appeal
Leave judgment - leave granted
Supreme Court : order made BROOKE CHRISTIE ROLLESTON v R [2019] NZSC 61 [26 June 2019]
Supreme Court Judgment - reasons to follow BROOKE CHRISTIE ROLLESTON v R [2019] NZSC 129 [19 November 2019]

 

Case number

SC 23/2019

Case Name The Queen v R and W
Summary

Order prohibiting publication of the judgment and any part of the proceedings (including the result) in news media or on the internet or other publicly available database until final disposition of trial. Publication in law report or law digest permitted.  

Result Order prohibiting publication of the judgment and any part of the proceedings (including the result) in news media or on the internet or other publicly available database until final disposition of trial. Publication in law report or law digest permitted.
4 April 2019
Date of hearing

23 July 2019

Winkelmann CJ, Glazebrook, O'Regan, Ellen France and Williams JJ

District Court judgment Not publicly available
Judgment appealed from - Court of Appeal Not publicly available

 

 Case synopsis SC 25/2019 David Noel Roigard v The Queen

Case number

SC 25/2019

Case Name David Noel Roigard v The Queen 
Summary

Criminal Appeal – Whether the Court of Appeal erred in relation to evidential matters (namely jury directions and prejudice in relation to cellmate confession evidence) – Whether the Court of Appeal wrongly determined aggravating factors in determining a minimum period of imprisonment.   

Result A Leave to appeal against conviction is granted to the extent described below (Roigard v R [2019] NZCA 8).
B The approved question is whether the Court of Appeal erred in upholding the admissibility of the proposed evidence of the witnesses F and W.
C Leave to appeal against sentence is declined.
27 June 2019
Hearing - Judges

3 October 2019

Winkelmann CJ, Glazebrook, O'Regan, Ellen France, and Williams JJ

High Court judgment R v ROIGARD [2016] NZHC 166 [15 February 2016]
Judgment appealed from - Court of Appeal ROIGARD v R [2019] NZCA 8 [13 February 2019]
Leave judgment - leave granted DAVID NOEL ROIGARD v R [2019] NZSC 63 [27 June 2019]
Case synopsis  Case synopsis SC 25/2019 David Noel Roigard v The Queen

 

Case number

SC 28/2019

Case Name D v The Queen
Summary

Order prohibiting publication of the judgment and any part of the proceedings (including the result) in news media or on the internet or other publicly available database until final disposition of trial. Publication in law report or law digest permitted.  

Result Order prohibiting publication of the judgment and any part of the proceedings (including the result) in news media or on the internet or other publicly available database until final disposition of trial. Publication in law report or law digest permitted. 
District Court judgment Not publicly available
Judgment appealed from - High Court Not publicly available

 

Case number

SC 29/2019

Case Name Vivien Judith Madsen-Ries and Henry David Levin as liquidators of Debut Homes Limited and Debut Homes Limited (in liquidation) v Leonard Wayne Cooper and Leonard Wayne Cooper and Tracey Cooper as trustees of the L & T Cooper Family Trust
Summary

Civil Appeal – Whether the Court of Appeal erred in interpreting s 136 of the Companies Act 1993 – Whether the Court of Appeal erred in considering the Respondent’s actions as a director under ss 131 and 135 of the Companies Act 1993.   

Result A The application for leave to appeal is granted (Debut Homes Ltd (in liq) v Cooper [2019] NZCA 39)
B The approved ground of appeal is whether the Court of Appeal was correct to allow the appeal.
21 June 2019
Transcript

Hearing date 1 October 2019

Winkelmann CJ, Glazebrook, O'Regan, Ellen France and Williams JJ

High Court judgment DEBUT HOMES LIMITED (IN LIQUIDATION) v COOPER [2018] NZHC 453 [15 March 2018]
Judgment appealed from - Court of Appeal COOPER v DEBUT HOMES LIMITED (IN LIQUIDATION) [2019] NZCA 39 [8 March 2019]
Leave judgment - leave granted VIVIEN JUDITH MADSEN-RIES AND HENRY DAVID LEVIN AS LIQUIDATORS OF DEBUT HOMES LIMITED v LEONARD WAYNE COOPER [2019] NZSC 59 [21 June 2019]

 

Case number

SC 30/2019

Case Name W v The Queen
Summary

Order prohibiting publication of the judgment and any part of the proceedings (including the result) in news media or on the internet or other publicly available database until final disposition of trial. Publication in law report or law digest permitted.  

Result Order prohibiting publication of the judgment and any part of the proceedings (including the result) in news media or on the internet or other publicly available database until final disposition of trial. Publication in law report or law digest permitted.
22 May 2019
Judgment appealed from - District Court Not Publicly Available

 

Case number

SC 31/2019

Case Name Kalana Yasassri Dayaratne v New Zealand Police
Summary

Criminal Appeal – Child Protection (Child Sex Offender Government Agency Registration) Act 2016, s 9 – Bill of Rights Act 1990, s 9 –Whether the Court of Appeal erred in dismissing the appeal against the order that the applicant be placed on the child sex offender register. 

Result A The application for leave to appeal against an order that the applicant be placed on the Child Sex Offender Register is granted (Dayaratne v New Zealand Police [2019] NZCA 30).
B The approved question is whether and, if so, how the New Zealand Bill of Rights Act 1990 has to be taken into account in decisions under s 9 of the Child Protection (Child Sex Offender Government Agency Registration) Act 2016.
21 June 2019
Date of Hearing - Judges

30 October 2019

Winkelmann CJ, William Young , Glazebrook, O'Regan and Ellen France JJ

Judgment appealed from - Court of Appeal DAYARATNE v NEW ZEALAND POLICE [2019] NZCA 30 [5 March 2019]
Leave judgment - leave granted KALANA YASASSRI DAYARATNE v NEW ZEALAND POLICE [2019] NZSC 58 [21 June 2019]

 

Case number

SC 32/2019

Case Name International Consolidated Business Pty Limited v S C Johnson & Son Inc
Summary

Civil Appeal – Whether the Court of Appeal erred in allowing the respondent’s application to trademark of the word ZIPLOC to proceed to registration – Whether the Court of Appeal correctly interpreted s 68(2) of the Trade Marks Act 2002.  

Result A The application for leave to appeal (International Consolidated Business Pty Ltd v S C Johnson & Son Inc [2019] NZCA 61) is granted to the extent set out in B. It is otherwise dismissed.
B The approved ground of appeal is whether the Court of Appeal correctly interpreted s 68(2) of the Trade Marks Act 2002.
9 July 2019
Hearing date

20 February 2020

Winkelmann CJ, Glazebrook, O’Regan, Ellen France and Williams JJ

High Court judgment S C JOHNSON & SON v INTERNATIONAL CONSOLIDATED BUSINESS [2017] NZHC 3238 [19 December 2017]
Judgment appealed from - Court of Appeal INTERNATIONAL CONSOLIDATED BUSINESS PTY LTD v S C JOHNSON & SON INC [2019] NZCA 61 [19 March 2019]
Leave judgment - leave granted INTERNATIONAL CONSOLIDATED BUSINESS PROPRIETARY LIMITED v S C JOHNSON & SON INCORPORATED [2019] NZSC 71 [9 July 2019]

 

Case number

SC 35/2019

Case Name Carl David George Butcher  v The Queen
Summary

Not publicly available

Result Not publicly available
High/District Court judgment Not publicly available
Judgment appealed from - Court of Appeal Not publicly available

  

Case number

SC 38/2019

Case Name W (SC38/2019) v The Queen
Summary

Order prohibiting publication of the judgment and any part of the proceedings (including the result) in news media or on the internet or other publicly available database until final disposition of trial. Publication in law report or law digest permitted.  

Result Order prohibiting publication of the judgment and any part of the proceedings (including the result) in news media or on the internet or other publicly available database until final disposition of trial. Publication in law report or law digest permitted.
Hearing date - Judges

19 August 2019

Winkelmann CJ, Glazebrook, O'Regan, Ellen France and Williams JJ

High/District Court judgment Not Publicly Available
Judgment appealed from - Court of Appeal
Not Publicly Available

 

Case number

SC 39/2019

Case Name The Queen v W (SC39/2019) and H (SC39/2019) 
Summary

Order prohibiting publication of the judgment and any part of the proceedings (including the result) in news media or on the internet or other publicly available database until final disposition of trial. Publication in law report or law digest permitted.  

Result Order prohibiting publication of the judgment and any part of the proceedings (including the result) in news media or on the internet or other publicly available database until final disposition of trial. Publication in law report or law digest permitted.
Hearing date - Judges

19 August 2019

Winkelmann CJ, Glazebrook, O'Regan, Ellen France and Williams JJ

High Court judgment Not Publicly Available
Judgment appealed from - Court of Appeal
Not Publicly Available

  

Case number

SC 40/2019

Case Name 127 Hobson Street Limited and Sunil Govind Parbhu v Honey Bees Preschool Limited and Jason James 
Summary

Civil Appeal – Penalty clause – Whether the Court of Appeal erred in finding that the indemnity clause did not offend the prohibition against penalties. 

Transcript: Hearing date 10 October 2019
Result A  Leave to appeal is granted (127 Hobson Street Ltd v Honey Bees Preschool Ltd [2019] NZCA 122).
B  The approved ground is whether the Court of Appeal was correct to dismiss the applicants’ appeal to that Court and, in particular, whether the Court was correct to conclude that the indemnity clause did not offend the prohibition against penalties.
27 June 2019
Hearing - Judges

Winkelmann CJ,  O'Regan, Ellen France,Williams and Arnold JJ

High Court judgment HONEY BEES PRESCHOOL LTD v 127 HOBSON STREET LTD [2018] NZHC 32 [31 January 2018]
Judgment appealed from - Court of Appeal
127 HOBSON STREET LTD v HONEY BEES PRESCHOOL LTD [2019] NZCA 122 [18 April 2019]

 

Case number

SC 41/2019

Case Name New Zealand Law Society v John Llewellyn Stanley
Summary

Civil Appeal – Whether the Court of Appeal erred in determining whether the Applicant was a fit and proper person to be admitted as a barrister and solicitor of the High Court of New Zealand, particularly in relation to the Applicant’s prior convictions. 

Result

A The application for leave to appeal is granted (Stanley v The New Zealand Law Society [2019] NZCA 119).
B The approved ground of appeal is whether the Court of Appeal was correct to allow the appeal against the High Court judgment (Stanley v New Zealand Law Society [2018] NZHC 1154) and to make an order for Mr Stanley’s admission. 

13 November 2019

______________________________

 

 

Transscript

Hearing date 25 September 2019

Winkelmann CJ, Glazebrook and Williams JJ

Hearing date

22 April 2020

Winkelmann CJ, Glazebrook, O'Regan, Ellen France and Williams JJ

High Court judgment STANLEY v NEW ZEALAND LAW SOCIETY [2018] NZHC 1154 [22 May 2018]
Judgment appealed from - Court of Appeal STANLEY v THE NEW ZEALAND LAW SOCIETY [2019] NZCA 119 [17 April 2019]

Leave judgment - leave granted NEW ZEALAND LAW SOCIETY v JOHN LLEWELLYN STANLEY [2019] NZSC 125 [13 November 2019]

 

Case number

SC 49/2019

Case Name Peter Hugh McGregor Ellis v The Queen
Summary

Criminal Appeal – Whether there was a miscarriage of justice arising from risks of contamination of or improperly obtained complainant evidence - Whether there was a miscarriage of justice arising from lack of expert evidence on the reliability of children complainants’ evidence – Whether there was a miscarriage of justice due to unreliable expert evidence being led at trial. 

Result A The application for an extension of time to apply for leave to appeal is granted.
B The application for leave to appeal is granted.  
C The approved ground of appeal is whether a miscarriage of justice occurred in this case.  
31 July 2019
Transcript

Hearing date 14 November 2019 - hearing to determine whether there is jurisdiction for appeal to proceed

Winkelmann CJ, Glazebrook, O'Regan, Williams and Arnold JJ

Judgment appealed from - Court of Appeal CA 120/98 14 October 1999
Leave judgment - leave granted PETER HUGH MCGREGOR ELLIS v R [2019] NZSC 83 [31 July 2019]
Case synopsis SC 49/2019 Peter Hugh McGregor Ellis v R

 

Case number

SC 50/2019

Case Name Synlait Milk Limited v v New Zealand Industrial Park Limited and Ye Qing
Summary

Civil – Property Law Act 2007, s 317 – Whether the Court of Appeal erred in allowing the appeal and declining to modify covenants burdening land owned by the appellant. 

Hearing date

21 October 2019

Winkelmann CJ, Glazebrook and O'Regan JJ

Result A By consent, an order is made substituting Synlait Milk Ltd for Stonehill Trustee Ltd as applicant subject to the conditions set out in the joint memorandum of counsel dated 6 September 2019.
B Leave to appeal is granted to Synlait Milk Ltd as applicant (New Zealand Industrial Park Ltd v Stonehill Trustee Ltd [2019] NZCA 147).
C The approved question is whether the Court of Appeal was correct to reverse the decision of the High Court (Stonehill Trustee Ltd v New Zealand Industrial Park Ltd [2018] NZHC 2938).
D The application by Synlait Milk Ltd to adduce further evidence will be determined at or after the hearing of the appeal.
E Leave is granted for the respondents to file an affidavit or affidavits responding to the evidence that Synlait Milk Ltd seeks to adduce.  Such affidavit or affidavits must be filed on or before 15 November 2019.
29 October 2019
High Court judgment

STONEHILL TRUSTEE LIMITED v NEW ZEALAND INDUSTRIAL PARK LIMITED [2018] NZHC 2938 [13 November 2018]

STONEHILL TRUSTEE LIMITED v NEW ZEALAND INDUSTRIAL PARK LIMITED [2018] NZHC 3436 [20 December 2018]

Judgment appealed from - Court of Appeal NEW ZEALAND INDUSTRIAL PARK LTD v STONEHILL TRUSTEE LTD [2019] NZCA 147 [9 May 2019]
Leave judgment - leave granted SYNLAIT MILK LIMITED v NEW ZEALAND INDUSTRIAL PARK LIMITED [2019] NZSC 117
[29 October 2019]

 

Case number

SC 54/2019

Case Name L (SC 54/2019) v The Queen
Summary

Order prohibiting publication of the judgment and any part of the proceedings (including the result) in news media or on the internet or other publicly available database until final disposition of trial. Publication in law report or law digest permitted.  

Result Order prohibiting publication of the judgment and any part of the proceedings (including the result) in news media or on the internet or other publicly available database until final disposition of trial. Publication in law report or law digest permitted.

 

Pre-hearing case synopsis Kim v Minister of Justice

Case number

SC 57/2019

Case Name Minister of Justice of New Zealand and Attorney General of New Zealand v Kyung Yup Kim
Summary

Civil Appeal – Whether the Court of Appeal erred in quashing and remitting the Minister of Justice’s decision to surrender the respondent for extradition to the People’s Republic of China – Whether the Court of Appeal erred in deciding there is a preliminary question of whether diplomatic assurances as to criminal justice rights should be accepted given the general human rights situation in a receiving state – Whether the Court of Appeal erred in setting the legal test to determine whether the respondent’s fair trial rights would be upheld.  

Result A The application for leave to appeal against the Court of Appeal’s decision is granted (Kim v Minister of Justice of New Zealand [2019] NZCA 209). The respondent’s application for leave to cross-appeal is also granted.
B The approved question is whether the Court of Appeal was correct to quash and remit the Minister of Justice’s decision to surrender the respondent under s 30 of the Extradition Act 1999.
20 September 2019
Hearing date

4 December 2019

William Young, Glazebrook, O'Regan, Ellen France and French JJ

High Court judgment KIM v THE MINISTER OF JUSTICE [2016] NZHC 1490 [1 July 2016]
High Court judgment KIM v THE MINISTER OF JUSTICE [2017] NZHC 2109 [31 August 2017]

Judgment appealed from - Court of Appeal KIM v MINISTER OF JUSTICE OF NEW ZEALAND [2019] NZCA 209 [11 June 2019]
Leave judgment - leave granted MINISTER OF JUSTICE v KYUNG YUP KIM [2019] NZSC 100 [20 September 2019]
Pre-hearing case synopsis       MINISTER OF JUSTICE V KIM : judicial eligibility hearing 4 December 2019

 

Case number

SC 58/2019

Case Name S and M v Vector Limited, Auckland District Court and H
Summary

Order prohibiting publication of the judgment and any part of the proceedings (including the result) in news media or on the internet or other publicly available database until final disposition of trial remains in force. Publication in law report or law digest permitted.   

Result Order prohibiting publication of the judgment and any part of the proceedings (including the result) in news media or on the internet or other publicly available database until final disposition of trial remains in force. Publication in law report or law digest permitted. 
High Court judgment Not publicly available
Judgment appealed from - Court of Appeal Not publicly available

 

Case number

SC 64/2019

Case Name ANZ Bank New Zealand Limited v Bushline Trustees Limited, Stephen Daniel Coomey as trustee of Bushline Trust One, and Sharon Louise Coomey as trustee of Bushline Trust Two
Summary

Civil Appeal – Contract law – Interest rate swaps – Whether the Court of Appeal erred in finding that the bank made a particular representation despite a factual finding in the High Court to the contrary – Whether the Court erred in holding that various representations made by the bank were undertakings forming part of the contract between the parties – Whether the Court erred in holding that the bank breached its undertaking to monitor and advise Bushline – Whether the Court erred in holding that it was not fair and reasonable, per s 4 of the Contractual Remedies Act 1979, for various disclaimer clauses to preclude liability in relation to various representations and undertakings – Whether the Court erred in holding that various exclusion clauses do not preclude liability in relation to various representations and undertakings – Whether the Court erred in holding that two of Bushline’s misrepresentation and breach of contract claims were not time barred under the Limitations Act 1950. 

Result

A Leave to appeal is granted (Bushline Trustees Ltd v ANZ Bank New Zealand Ltd [2019] NZCA 245).
B The approved question is whether the Court of Appeal was correct to allow the appeal from the judgment of the High Court (Bushline Trustees Ltd v ANZ Bank New Zealand Ltd [2017] NZHC 2520, [2018] NZCCLR 19).

15 October 2019

__________________________

 

 

Date of Hearing

12 March 2020

Winkelmann CJ, William Young, Glazebrook, O'Regan and Williams JJ

High Court judgment BUSHLINE TRUSTEES LTD v ANZ BANK NZ LIMITED [2017] NZHC 2520 [16 October 2017]
Judgment appealed from - Court of Appeal BUSHLINE TRUSTEES LIMITED v ANZ BANK NEW ZEALAND LIMITED [2019] NZCA 245 [24 June 2019]
Leave judgment - leave granted ANZ BANK NEW ZEALAND LIMITED v BUSHLINE TRUSTEES LIMITED AND STEPHEN DANIEL COOMEY AS TRUSTEES OF BUSHLINE TRUST ONE, [2019] NZSC 115 [15 October 2019]

 

Case number

SC 65/2019

Case Name Peter Brent Home Hubbard and Harley Haynes v Kiwirail Limited
Summary

Civil Appeal – Whether the Court of Appeal erred in refusing to grant the applicants an extension of time to file their case on appeal.   

Result
High Court judgment KIWIRAIL LIMITED v OCEANIC PALMS LIMITED [2018] NZHC 1164 [22 May 2018]
Judgment appealed from - Court of Appeal HUBBARD v KIWIRAIL LIMITED [2019] NZCA 244 [24 June 2019]

 

Case number

SC 68/2019

Case Name C (SC 68/2019) v The Queen
Summary

Order prohibiting publication of the judgment and any part of the proceedings (including the result) in news media or on the internet or other publicly available database until final disposition of trial. Publication in law report or law digest permitted.   

Result

Order prohibiting publication of the judgment and any part of the proceedings (including the result) in news media or on the internet or other publicly available database until final disposition of trial. Publication in law report or law digest permitted.                                                                                                  

16 August 2019

District Court judgment Not publicly available
Judgment appealed from - Court of Appeal Not publicly available

 

Case number

SC 69/2019

Case Name T (SC 69/2019) v The Queen
Summary

Order prohibiting publication of the judgment and any part of the proceedings (including the result) in news media or on the internet or other publicly available database until final disposition of trial. Publication in law report or law digest permitted.   

Result

Order prohibiting publication of the judgment and any part of the proceedings (including the result) in news media or on the internet or other publicly available database until final disposition of trial. Publication in law report or law digest permitted.

16 August 2019

High Court judgment Not publicly available
Judgment appealed from - Court of Appeal Not publicly available

 

Case number

SC 72/2019

Case Name FMV v TZB
Summary

Civil Appeal – Jurisdiction – Employment Relations Act 2000, s 161(1)(r) – Whether the Court of Appeal erred in holding that the Employment Relations Authority had exclusive jurisdiction over the applicant’s claim that her employer breached various duties of care in relation to her employment – Whether the Court erred in upholding the High Court’s order granting permanent name suppression.  

Result

A  The application for leave to appeal is granted (FMV v TZB [2019] NZCA 282).  
B  The approved question is whether the Court of Appeal was correct to dismiss the appeal.
8 October 2019

Hearing date

17 March 2020

Winkelmann CJ, William Young, Glazebrook, O'Regan and Williams JJ

High Court judgment FMV v TZB [2018] NZHC 1131 [21 May 2018]
Judgment appealed from - Court of Appeal FMV v TZB [2019] NZCA 282 [4 July 2019]
Leave judgment - leave granted FMV v TZB [2019] NZSC 108 [8 October 2019]

 

Case number

SC 75/2019

Case Name F v The Queen
Summary

 Order prohibiting publication of the judgment and any part of the proceedings (including the result) in news media or on the internet or other publicly available database until final disposition of trial. Publication in law report or law digest permitted.

Result Order prohibiting publication of the judgment and any part of the proceedings (including the result) in news media or on the internet or other publicly available database until final disposition of trial. Publication in law report or law digest permitted.
16 August 2019
District Court /High Court judgment Not publicly available
Judgment appealed from - Court of Appeal Not publicly available

 

Case number

SC 76/2019

Case Name Cecilia Victoria Uhrle v The Queen
Summary

 

Result
District/High Court judgment N/A
Judgment appealed from - Court of Appeal R v UHRLE [2013] NZHC 922 [30 April 2013]

 

Case number

SC 77/2019

Case Name M v Auckland Council
Summary

Order prohibiting publication of the judgment and any part of the proceedings (including the result) in news media or on the internet or other publicly available database until final disposition of trial. Publication in law report or law digest permitted.  

Result Order prohibiting publication of the judgment and any part of the proceedings (including the result) in news media or on the internet or other publicly available database until final disposition of trial. Publication in law report or law digest permitted. 
District/High Court judgment Not publicly available
Judgment appealed from - Court of Appeal Not publicly available

 

Case number

SC 83/2019

Case Name Dermot Gregory Nottingham v The Queen
Summary
Result
District Court judgment Not publicly available
Judgment appealed from - Court of Appeal NOTTINGHAM v R [2019] NZCA 344 [30 July 2019] 

 

Case number

SC 84/2019

Case Name P(SC 84/2019) v The Queen
Summary Criminal Appeal – Whether the Court of Appeal erred in exercising its discretion not to grant name suppression under s 202 of the Criminal Procedure Act 2011 for a person connected with a criminal proceeding.
Result
High Court judgment Not publicly available
Judgment appealed from - Court of Appeal Not publicly available

 

Case number

SC 85/2019

Case Name Richard Bruce Rogan and Heather Elizabeth Rogan v Kaipara District Council and Northland Regional Council
Summary Civil Appeal – Whether the Court of Appeal erred in concluding that non-compliance with ss 45 and 46 of the Local Government (Rating) Act 2002 has no effect on the validity of a rates assessment and the ratepayer’s obligation to pay – Whether the Court of Appeal erred in dismissing the appeal.
Result
High Court judgment ROGAN v KAIPARA DISTRICT COUNCIL & NORTHLAND REGIONAL COUNCIL [2017] NZHC 2329 [26 September 2017]
Judgment appealed from - Court of Appeal ROGAN v KAIPARA DISTRICT COUNCIL [2018] NZCA 478 [6 November 2018]

 

Case number

SC 90/2019

Case Name T (SC 90/2019) V The Queen
Summary ORDER PROHIBITING PUBLICATION OF THE JUDGMENT AND ANY
PART OF THE PROCEEDINGS (INCLUDING THE RESULT) IN NEWS
MEDIA OR ON THE INTERNET OR OTHER PUBLICLY AVAILABLE
DATABASE UNTIL FINAL DISPOSITION OF TRIAL. PUBLICATION IN
LAW REPORT OR LAW DIGEST PERMITTED.
Result ORDER PROHIBITING PUBLICATION OF THE JUDGMENT AND ANY
PART OF THE PROCEEDINGS (INCLUDING THE RESULT) IN NEWS
MEDIA OR ON THE INTERNET OR OTHER PUBLICLY AVAILABLE
DATABASE UNTIL FINAL DISPOSITION OF TRIAL. PUBLICATION IN
LAW REPORT OR LAW DIGEST PERMITTED.
23 October 2019
District Court judgment ORDER PROHIBITING PUBLICATION OF THE JUDGMENT AND ANY
PART OF THE PROCEEDINGS (INCLUDING THE RESULT) IN NEWS
MEDIA OR ON THE INTERNET OR OTHER PUBLICLY AVAILABLE
DATABASE UNTIL FINAL DISPOSITION OF TRIAL. PUBLICATION IN
LAW REPORT OR LAW DIGEST PERMITTED.
Judgment appealed from - Court of Appeal ORDER PROHIBITING PUBLICATION OF THE JUDGMENT AND ANY
PART OF THE PROCEEDINGS (INCLUDING THE RESULT) IN NEWS
MEDIA OR ON THE INTERNET OR OTHER PUBLICLY AVAILABLE
DATABASE UNTIL FINAL DISPOSITION OF TRIAL. PUBLICATION IN
LAW REPORT OR LAW DIGEST PERMITTED.

 

Case number

SC 91/2019

Case Name Paul Neville Bublitz v The Queen
Summary Criminal Appeal – Crimes Act 1961, s 220 – Party to offence – Failure to give adequate reasons for verdict – Whether the Court of Appeal erred in dismissing the applicant’s appeal against conviction.
Result
High Court judgment R v BUBLITZ [2019] NZHC 222 [21 February 2019]
Judgment appealed from - Court of Appeal BUBLITZ v R [2019] NZCA 364 [16 August 2019]

 

Case number

SC 92/2019

Case Name Bruce Alexander McKay v The Queen
Summary Criminal Appeal – Crimes Act 1961, s 220 – Party to offence – Failure to give adequate reasons for verdict – Whether the Court of Appeal erred in dismissing the applicant’s appeal against conviction.
Result
High Court judgment R v BUBLITZ [2019] NZHC 222 [21 February 2019]
Judgment appealed from - Court of Appeal BUBLITZ v R [2019] NZCA 364 [16 August 2019]

 

Case number

SC 93/2019

Case Name Paul Neville Bublitz v The Queen
Summary
Result
High Court judgment R v BUBLITZ & ORS [2018] NZHC 373 [9 March 2018]
Judgment appealed from - Court of Appeal BUBLITZ v R [2019] NZCA 379 [22 August 2019]

 

Case number

SC 94/2019

Case Name Lance David Morrison v The Queen
Summary
Result
High Court judgment R v BUBLITZ & ORS [2018] NZHC 373 [9 March 2018]
Judgment appealed from - Court of Appeal BUBLITZ v R [2019] NZCA 379 [22 August 2019]

 

Case number

SC 96/2019

Case Name Sealegs International Limited v Yun Zhang, Orion Limited and Orion Marine Limited, Smuggler Marine Limited, Darren Leybourne, Vladan Zubcic, David Pringle and Stryda Marine Limited
Summary Civil Appeal – Whether the Court of Appeal erred in its approach to “functional operability” or “functional constraints” in determining whether industrially applied artistic works were protected by copyright law.
Result
High Court judgment SEALEGS INTERNATIONAL LTD v YUN ZHANG & ORS [2018] NZHC 1724 [12 July 2018]
Judgment appealed from - Court of Appeal ZHANG v SEALEGS INTERNATIONAL LIMITED [2019] NZCA 389 [27 August 2019]

 

Case number

SC 100/2019

Case Name Rangitira Developments Limited v Royal Forest and Bird Protection Society of New Zealand Incorporated
Summary
Result A Leave to appeal is granted (Royal Forest and Bird Protection Society of New Zealand Inc v Rangitira Developments Ltd [2018] NZCA 445, [2019] NZRMA 233).
B The approved question is whether the Court of Appeal was in error in setting aside the declarations made at [86] of the judgment of the High Court (Rangitira Developments Ltd v Royal Forest and Bird Protection Society Ltd [2018] NZHC 146, (2018) 20 ELRNZ 312).
C There is no order as to costs.
5 November 2019
Date of hearing

19 May 2020

Winkelmann CJ, William Young, Glazebrook, O'Regan and Ellen France JJ

High Court judgment RANGITIRA DEVELOPMENTS LTD v ROYAL FOREST AND BIRD PROTECTION SOCIETY LTD [2018] NZHC 146 [14 February 2018]
Judgment appealed from - Court of Appeal ROYAL FOREST AND BIRD PROTECTION SOCIETY OF NEW ZEALAND INCORPORATED v RANGITIRA DEVELOPMENTS LIMITED [2018] NZCA 445 [23 October 2018]
Leave judgment - leave granted RANGITIRA DEVELOPMENTS LIMITED v ROYAL FOREST AND BIRD PROTECTION SOCIETY OF NEW ZEALAND INCORPORATED [2019] NZSC 121 [5 November 2019]

 

Case number

SC 101/2019

Case Name Jon Rangi v Legal Services Commissioner
Summary Civil Appeal – Legal Services Act 2011, s 7 – Whether the High Court erred in finding that an “administrative tribunal or judicial authority” does not include the United Nations Human Rights Committee.
Result
High Court judgment [2019] NZHC 2117_
Judgment appealed from - Court of Appeal

 

Case number

SC 102/2019

Case Name Peter Daniel Staite, Jean Tanirau-Carstyon, Lynette Kathleen Palmer and Chynelle Picard as trustees and as representatives of the beneficiaries of the Whaoa No 1 Lands Trust v Andrew Marutuehu Kusabs, Donald Mairangi Bennett, Julian Kumeroa Keepa and Wiremu Waaka as trustees of the Tumuni Lands Trust
Summary Civil Appeal – Whether the Court of Appeal erred in setting aside the High Court’s order for rectification of the Tumunui Lease without determining an alternative remedy – Whether the Court of Appeal erred in determining that a fiduciary duty was not relevant to the determination of the appeal – Whether the Court of Appeal erred in applying Fenwick v Naera ([2015] NZSC 68).
Result
High Court judgment STAITE v KUSABS [2017] NZHC 416 [13 March 2017]
Judgment appealed from - Court of Appeal KUSABS v STAITE [2019] NZCA 420 [9 September 2019]

 

Case number

SC 103/2019

Case Name Kim Dotcom v Her Majesty's Attorney-General (on behalf of the Government Communications Security Bureau)
Summary
Result
High Court judgment DOTCOM & ORS v ATTORNEY-GENERAL & ANOR [2017] NZHC1621 [14 July 2017]
Judgment appealed from - Court of Appeal KIM DOTCOM v HER MAJESTY’S ATTORNEY-GENERAL on behalf of the Government Communications Security Bureau [2019] NZCA 412 [6 September 2019]

 

Case number

SC 104/2019

Case Name Bryce Brougham v Christine Anne Elizabeth Regan and Mark Jefferey Tuffin as trustees of the Winchester Trust and Racheal Christina Dey
Summary Civil Appeal – Whether the Court of Appeal erred in finding that a standard form loan agreement was a contract of guarantee under s 27 of the Property Law Act 2007 – Whether imposing guarantee obligations on one of two guarantors named in a contract of guarantee is contingent on both named guarantors signing.
Result
High Court judgment REGAN AND TUFFIN AS TRUSTEES OF THE WINCHESTER TRUST v BROUGHAM [2017] NZHC 1091 [24 May 2017]
Judgment appealed from - Court of Appeal REGAN & TUFFIN v BROUGHAM & ORS [2019] NZCA 401 [2 September 2019]

 

Case number

SC 105/2019

Case Name Southern Response Earthquake Services Limited v Brendan Miles Ross and Colleen Anne Ross
Summary Civil Appeal – Civil procedure – Class actions – Whether the Court of Appeal erred in holding that an opt-out procedure should be the norm for class actions in New Zealand – Whether the Court of Appeal erred in holding that an opt-out approach was appropriate for the class action in this case. 
Result
High Court judgment ROSS v SOUTHERN RESPONSE EARTHQUAKE SERVICES LTD [2018] NZHC 3288 [13 December 2018]
Judgment appealed from - Court of Appeal ROSS v SOUTHERN RESPONSE EARTHQUAKE SERVICES LIMITED [2019] NZCA 431 [16 September 2019]

 

Case number

SC 106/2019

Case Name Harjit Dheil v The Queen
Summary
Result
District Court judgment Not Available
Judgment appealed from - Court of Appeal DHEIL v R [2019] NZCA 416 [6 September 2019]

 

Case number

SC 107/2019

Case Name Port Otago Limited v Environmental Defence Society Incorporated , Otago Regional Council, Royal Forest and Bird Protection Society of New Zealand Incorporated and Marlborough District Council
Summary
Result
Environment Court judgment Port OtagoLimited v Otago Regional Council [2018] NZEnvC 183
Judgment appealed from - High Court ENVIRONMENTAL DEFENCE SOCIETY INCORPORATED v OTAGO REGIONAL COUNCIL [2019] NZHC 2278 [11 September 2019]

 

Case number

SC 108/2019

Case Name Adam Raphael Greenbaum v Southern Cross Hospitals Limited
Summary Civil Appeal – Evidence – Confidential information – Evidence Act 2006, s 69 – Whether the Court of Appeal erred in upholding the High Court’ decision dismissing appellant’s application for non-party discovery against the respondent.
Result Civil Appeal – Evidence – Confidential information – Evidence Act 2006, s 69 – Whether the Court of Appeal erred in upholding the High Court’ decision dismissing appellant’s application for non-party discovery against the respondent.
High Court judgment GREENBAUM v THE WAIKATO DISTRICT HEALTH BOARD [2018] NZHC 1273 [5 June 2018]
Judgment appealed from - Court of Appeal GREENBAUM v SOUTHERN CROSS HOSPITALS LIMITED [2019] NZCA 438 [18 September 2019]

 

Case number

SC 109/2019

Case Name Shane Kari Henry v The Queen
Summary Criminal Appeal – Evidence – Admissibility – Whether the Court of Appeal erred in holding allegations of uncharged offences admissible – Whether the Court erred in holding certain of the appellant’s “bizarre” statements admissible.
Result
District Court judgment not publicly available
Judgment appealed from - Court of Appeal Henry v R [2019] NZCA 407 [3 September 2019]

 

Case number

SC 111/2019

Case Name J (SC111/2019) v The Queen
Summary ORDER PROHIBITING PUBLICATION OF THE JUDGMENT AND ANY PART OF THE PROCEEDINGS (INCLUDING THE RESULT) IN NEWS MEDIA OR ON THE INTERNET OR OTHER PUBLICLY AVAILABLE DATABASE UNTIL FINAL DISPOSITION OF TRIAL. PUBLICATION IN LAW REPORT OR LAW DIGEST PERMITTED.
Result Order prohibiting publication of this judgment and any part of the proceedings (including the result) in news media or on the internet or other publicly available database until final disposition of trial.  Publication in law report or law digest permitted.
19 November 2019
High/District Court judgment not publicly available
Judgment appealed from - Court of Appeal not publicly available

 

Case number

SC 112/2019

Case Name Zen PULEMOANA v The Queen
Summary Criminal Appeal – Whether a juror should have been discharged – Whether the Court of Appeal erred in dismissing the appeal against conviction.
Result A An extension of time to apply for leave to appeal is granted.
B The application for leave to appeal is dismissed.
19 November 2019
High Court judgment R v Hura [2018] NZHC 3347 [17 December 2018]
Judgment appealed from - Court of Appeal PULEMOANA v R [2019] NZCA 293 [9 July 2019]
Leave judgment - leave granted ZEN PULEMOANA v R [2019] NZSC 131 [19 November 2019]

 

Case number

SC 113/2019

Case Name Geoffrey Brian Kenny v Ministry of Business, Innovation and Employment
Summary
Result
High Court judgment KENNY v MINISTRY OF BUSINESS, INNOVATION AND EMPLOYMENT [2018] NZHC 1984 [6 August 2018]
Judgment appealed from - Court of Appeal KENNY v MINISTRY OF BUSINESS, INNOVATION AND EMPLOYMENT [2019] NZCA 435 [17 September 2019]

 

Case number

SC 114/2019

Case Name Savvy Vineyards 4334 Limited and Savvy Vineyards 3552 Limited v Weta Estate Limited and Tirosh Estate Limited
Summary Civil Appeal – Whether the Court of Appeal erred in interpreting the long-term supply contracts, particularly in respect of pre-contractual negotiations and post-contractual conduct – Whether the Court of Appeal erred in determining the elective right to purchase grapes under the contract.
Result
High Court judgment SAVVY VINEYARDS 4334 LTD v WETA ESTATE LTD [2018] NZHC 989 [9 May 2018]
Judgment appealed from - Court of Appeal WETA ESTATE v SAVVY VINEYARDS [2019] NZCA 437 [18 September 2019]

 

Case number

SC 115/2019

Case Name Quentin Woods v New Zealand Police
Summary Criminal Appeal – Sentencing – Special conditions – Residential restrictions – Intensive monitoring – Sentencing Act 2002, s 93(2B) – Whether the Court of Appeal erred in holding that s 93(2B) of the Sentencing Act permits imposition of conditions similar to residential restrictions and intensive monitoring – Whether the Court erred in holding that the special conditions imposed on the appellant did not amount to residential restrictions or intensive monitoring.
Result
High Court judgment WOODS v NEW ZEALAND POLICE [2019] NZHC 335 [4 March 2019]
Judgment appealed from - Court of Appeal WOODS v NEW ZEALAND POLICE [2019] NZCA 446 [20 September 2019]

 

Case number

SC 116/2019

Case Name Siddharth Sharma v The Queen
Summary Criminal Appeal – Inconsistent Verdicts – Whether the Court of Appeal erred in dismissing the applicant’s appeal against conviction
Result
High Court judgment Not Publicly available
Judgment appealed from - Court of Appeal SHARMA v R [2019] NZCA 462 [30 September 2019]

 

Case number

SC 117/2019

Case Name Eric Meserve Houghton v Timothy Ernest Corbett Saunders, Samuel John Magill, John Michael Feeney, Craig Edgeworth Horrocks, Peter David Hunter, Peter Thomas and Joan Withers, and Credit Suisse Private Equity Inc, and Credit Suisse First Boston Asian Merchant Partners LP
Summary Criminal Appeal – Inconsistent Verdicts – Whether the Court of Appeal erred in dismissing the applicant’s appeal against conviction
Result
High Court judgment

HOUGHTON v SAUNDERS [2019] NZHC 2318 [13 September 2019]


HOUGHTON v SAUNDERS [2019] NZHC 1061 [15 May 2019]

Judgment appealed from - Court of Appeal

HOUGHTON v SAUNDERS [2019] NZCA 506 [11 October 2019]


HOUGHTON v SAUNDERS & ORS [2019] NZCA 404 [2 September 2019]

 

Case number

SC 118/2019

Case Name Lambie Trustees Limited v Prudence Anne Addleman
Summary
Result
High Court judgment ADDLEMAN v LAMBIE TRUSTEE LIMITED [2017] NZHC 2054 [25 August 2017]
Judgment appealed from - Court of Appeal ADDLEMAN v LAMBIE TRUSTEE LTD [2019] NZCA 480 [4 October 2019]

 

Case number

SC 119/2019

Case Name Xiaoming He v The Earthquake Commission, Certain Syndicates of Lloyd's of London severally subscribed to coverholder contract B0429CNG90466 and Certain Syndicates of Lloyd's of London severally subscribed to coverholder contract B0429CNG110466
Summary
Result
High Court judgment HE v THE EARTHQUAKE COMMISSION [2017] NZHC 2136 [4 September 2017]
Judgment appealed from - Court of Appeal HE v EARTHQUAKE COMMISSION [2019] NZCA 373 [20 August 2019]

 

Case number

SC 120/2019

Case Name P(SC 120/2019) V Commissioner of Inland Revenue, W(SC 120/2019) and Attorney-General
Summary
Result
High Court judgment Not Publicly Available
Judgment appealed from - Court of Appeal P (CA85/2019) v COMMISSIONER OF INLAND REVENUE [2019] NZCA 531 [4 November 2019]

 

Case number

SC 121/2019

Case Name David Edward Thomas v Ian Allen Thompson
Summary
Result
High Court judgment THOMPSON v THOMAS [2018] NZHC 1495
Judgment appealed from - Court of Appeal THOMAS v THOMPSON [2019] NZCA 503 [17 October 2019]

 

Case number

SC 122/2019

Case Name W(SC 122/2019) v The Queen
Summary
Result
High Court judgment Not Publicly Available
Judgment appealed from - Court of Appeal Not Publicly available

 

Case number

SC 123/2019

Case Name Caroline Ruth White and Crummer Trustees No. 82 Limited (as trustees of The Grafton Road Trust) v Gordan Brkic, Emilija Brkic and Nagi Faltaus (as trustees of The Madeg Trust)
Summary
Result
High Court judgment BRKIC & ORS v WHITE & ORS [2018] NZHC 1458 [18 June 2018]
Judgment appealed from - Court of Appeal WHITE AND CRUMMER TRUSTEES NO. 82 LIMITED v BRKIC [2019] NZCA 514 [24 October 2019]

 

Case number

SC 124/2019

Case Name P (SC 124/2019) v The Queen
Summary
Result
High Court judgment Not Publicly Available
Judgment appealed from - Court of Appeal Not Publicly available

 

Case number

SC 125/2019

Case Name Robert Matthew Urlich v Attorney-General
Summary
Result
High Court judgment URLICH v ATTORNEY-GENERAL [2019] NZHC 2783 [30 October 2019]
Judgment appealed from - Court of Appeal

 

Case number

SC 126/2019

Case Name T( SC 124/2019) v Chief Executive of the Department of Corrections
Summary
Result
High Court judgment Not Publicly Available
Judgment appealed from - Court of Appeal Not Publicly Available