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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 17 July 2019    

Case information summary 2019 (as at 17 July 2019) - cases granted leave to appeal (PDF, 20.4 KB)
Case information summary 2019 (as at 17 July 2019) - cases where leave to appeal decision not yet made (PDF, 18.3 KB)

Hearing date 14 May 2019: SC 1/2019:

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
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]

 

Case number

SC 8/2019

Case Name Rene Mischelle de Kwant v The Queen
Summary

Criminal Appeal – Whether the Court of Appeal erred in dismissing the applicant’s appeal against the imposition of a sentence of preventive detention. 

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

 

Hearing date SC 10/2019 27 March 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 16/2019

Case Name Matthew John Young v The Queen
Summary

 

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

 

Hearing date 20 June 2019 SC 17/2019 and SC 18/2019:

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
Hearing date

20 June 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

 

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
Hearing date

20 June 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

 

Hearing date 23 July SC23/2019:

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 and Ellen France and Williams JJ

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

 

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
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 number

SC 26/2019

Case Name D(SC 26/2018) v The Queen
Summary

 

Result
District Court judgment Not Publicly Available
Judgment appealed from - Court of Appeal D (CA54/2018) v R [2019] NZCA 1 [5 February 2019]

 

Case number

SC 27/2019

Case Name FTG Securities Limited v Bank of New Zealand, Stephen John Tubbs, Colin Anthony Gower and Robert Bruce Walker
Summary

Civil Appeal – Whether a prohibition on assignment of a deed of priority and subordination without the consent of the other party is enforceable – Whether the Court of Appeal erred in refusing to make declarations as to the interpretation of the deed of priority and subordination. 

Result
Hearing date

25 July 2019

Winkelmann CJ, O'Regan and Williams JJ

District Court judgment Not publicly available
Judgment appealed from - Court of Appeal FTG SECURITIES LIMITED v BANK OF NEW ZEALAND [2019] NZCA 16 [20 February 2019]

 

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
Hearing date

8 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

 

Result
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 33/2019

Case Name Pavlos Paul Gizelis v The Queen
Summary

Criminal Appeal – Whether the Court of Appeal was correct to dismiss the appeal against conviction and sentence for sexual violation and kidnapping – Whether the Court of Appeal should have admitted DNA evidence led at trial – Whether the Applicant was impaired by medication in his ability to make an informed decision to elect to give evidence and whether that meant he did not receive a fair trial. 

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

 

Case number

SC 34/2019

Case Name Commissioner of Inland Revenue v Chatfield & Co Limited and Chatfield & Co
Summary

 

Result
High Court judgment CHATFIELD & CO LIMITED v THE COMMISSIONER OF INLAND REVENUE [2017] NZHC 3289 [22 December 2017]
Judgment appealed from - Court of Appeal COMMISSIONER OF INLAND REVENUE v CHATFIELD & CO LIMITED [2019] NZCA 73 [28 March 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 36/2019

Case Name Michael Edwin Kooiman v F M Custodians Limited 
Summary

 

Result
High Court judgment KOOIMAN v F M CUSTODIANS LIMITED [2018] NZHC 176 [16 February 2018]
Judgment appealed from - Court of Appeal KOOIMAN v FM CUSTODIANS LIMITED [2019] NZCA 76 [1 April 2019]

  

Case number

SC 37/2019

Case Name Vipassana Foundation Charitable Trust Board v Auckland Council, Raymond Myles O'Brien and Victoria Mei Sien Pichler and Auckland Shooting Club Incorporated 
Summary

 

Result
High Court judgment

VIPASSANA FOUNDATION CHARITABLE TRUST BOARD v AUCKLAND COUNCIL [2017] NZHC 1457 [28 June 2017]

Judgment appealed from - Court of Appeal

VIPASSANA FOUNDATION CHARITABLE TRUST BOARD v AUCKLAND COUNCIL & ORS [2019] NZCA 100

 

Case number

SC 38/2019

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

 

Result
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

 

Result
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

 

Result
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 Lewellyn 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
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]

 

Case number

SC 42/2019

Case Name Maree Howard v Accident Compensation Corporation
Summary

Civil Appeal – Whether the Court of Appeal erred in upholding the Deputy Registrar’s decision to refuse to accept an application for leave to appeal for filing. 

Result
High Court judgment
Judgment appealed from - Court of Appeal [2019] NZCA 128_

 

Case number

SC 43/2019

Case Name Ridgway Empire Limited v Jill Grant
Summary

 

Result
High Court judgment GRANT v RIDGWAY EMPIRE LTD [2018] NZHC 2642 [11 October 2018]
Judgment appealed from - Court of Appeal RIDGWAY EMPIRE LTD v JILL GRANT [2019] NZCA 134 [2 May 2019]

 

Case number

SC 44/2019

Case Name Jeffrey Robert Bunting v The Queen
Summary

 

Result
District Court judgment Not publicly available
Judgment appealed from - Court of Appeal BUNTING v R [2018] NZCA 602 [20 December 2018]

 

Case number

SC 45/2019

Case Name Scott v Williams
Summary

 

Result
High Court judgment Not publicly available

 

Case number

SC 46/2019

Case Name Dwayne Russell Warakihi Maaka Smyth-Davoren v Bridget Sutherland
Summary

Civil Appeal – Whether the Court of Appeal erred in upholding the Deputy Registrar’s decision declining to dispense with security for costs.

Result
High Court judgment Not publicly available
Judgment appealed from - Court of Appeal SMYTH-DAVOREN v SUTHERLAN [2019] NZCA 93 [5 April 2019]

 

Case number

SC 49/2019

Case Name Peter Hugh McGregor Ellis v The Queen
Summary

 

Result
Judgment appealed from - Court of Appeal CA 120/98 14 October 1999

 

Case number

SC 50/2019

Case Name Stonehill Trustee Limited v New Zealand Industrial Park Limited and Ye Qing
Summary

 

Result
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]

 

Case number

SC 51/2019

Case Name Lance Phillip Newing v New Zealand Police
Summary

 

Result
District Court judgment

[2018] NZDC 5927

 

Case number

SC 52/2019

Case Name Wellsford Properties Limited and Garry Edward Hannam v Peter Anthony Sullivan and Port Albert Investments Limited
Summary

 

Result
High Court judgment

SULLIVAN v WELLSFORD PROPERTIES LTD [2017] NZHC 3047 [8 December 2017]

Judgment appealed from - Court of Appeal SULLIVAN v WELLSFORD PROPERTIES LIMITED [2019] NZCA 168 [20 May 2019]

 

Case number

SC 52/2019

Case Name Wellsford Properties Limited and Garry Edward Hannam v Peter Anthony Sullivan and Port Albert Investments Limited
Summary

 

Result
High Court judgment

SULLIVAN v WELLSFORD PROPERTIES LTD [2017] NZHC 3047 [8 December 2017]

Judgment appealed from - Court of Appeal SULLIVAN v WELLSFORD PROPERTIES LIMITED [2019] NZCA 168 [20 May 2019]

 

Case number

SC 53/2019

Case Name Franco Belgiorno-Nettis v Auckland Unitary Plan Independent Hearings Panel and Auckland Council
Summary

 

Result
High Court judgment

BELGIORNO-NETTIS v AUCKLAND UNITARY PLAN INDEPENDENT HEARINGS PANEL [2018] NZHC 459 [19 March 2018]

Judgment appealed from - Court of Appeal

 

 Hearing date 27 March 2019

 Hearing date 14 May 2019

Hearing date 20 June 2019

Hearing date 23 July 2019