Leave to appeal dismissed
Supreme Court cases where leave to appeal a judgment of a lower court was dismissed or deemed to be dismissed where a notice of abandonment was received.
Updated 28 November 2025
2014
Case name
Razdan Rafiq v The Secretary for the Department of Internal Affairs of New Zealand, The Director of the Civil Aviation Authority of New Zealand, The Chief Executive of the Ministry of Business Innovation and Employment, The Commissioner of Police, the
Case number
SC 121/2014
Summary
Civil Appeal – Whether the Court of Appeal erred in refusing to dispense with security for costs – Whether the Court of Appeal erred in not granting a stay of proceedings[2014] NZCA 518
Result
The application for leave to appeal is dismissed.
Costs of $2,500 are awarded to the respondent.
20 February 2015
Costs of $2,500 are awarded to the respondent.
20 February 2015
Leave judgment - leave dismissed
Case name
Razdan Rafiq v The Director of the Civil Aviation Authority of New Zealand
Case number
SC 122/2014
Summary
Civil Appeal – Whether the Court of Appeal erred in refusing to dispense with security for costs.[2014] NZCA 519
Result
Notice of abandonment being lodged, the application for leave to appeal is deemed to be dismissed.
28 November 2014
28 November 2014
Case name
MTR v The Queen
Case number
SC 123/2014
Summary
Criminal Appeal – Evidence Act 2006 – Whether the evidence ought to be admitted at trial – Whether the evidence was obtained in breach of the Chief Justice’s Practice Note on Police Questioning – The proper manner in which s 30(5) and (6) of the Evidence Act 2006 where there has been a breach of the Practice Note.[2014] NZCA 520 CA404/2014
Result
Application for leave to appeal dismissed.
11 December 2014
11 December 2014
Leave judgment - leave dismissed
Judgment appealed from
[2014] NZCA 520 not available online
Case name
NR v M and others
Case number
SC 125/2014
Summary
Civil Appeal – Whether there were a number of material errors in the Court of Appeal’s hearing and judgment[2014] NZCA 526 CA 144/2014
Result
The application to file further submissions is declined. The interlocutory application of 1 December 2014 is dismissed.
Costs of $2,500 are to be paid by the applicant to Ms M.
19 December 2014
______________
A The applications for leave to appeal in SC 77/2014, SC 120/2014, SC 125/2014 and SC 3/2015 are dismissed.
B The application for recall of this Court’s judgment dated 19 December 2014 ([2014] NZSC 189) is dismissed.
C The other interlocutory applications of 12 January 2015 are dismissed.
D Costs of $10,000 are to be paid by the applicant to Ms M (as first respondent in SC 77/2014, SC 125/2014 and SC 3/2015 and second respondent in SC 120/2014).
E Costs of $2,500 are awarded to the Second, Third and Fourth Respondents in SC 77/2014 and SC 125/2014.
27 February 2015
Costs of $2,500 are to be paid by the applicant to Ms M.
19 December 2014
______________
A The applications for leave to appeal in SC 77/2014, SC 120/2014, SC 125/2014 and SC 3/2015 are dismissed.
B The application for recall of this Court’s judgment dated 19 December 2014 ([2014] NZSC 189) is dismissed.
C The other interlocutory applications of 12 January 2015 are dismissed.
D Costs of $10,000 are to be paid by the applicant to Ms M (as first respondent in SC 77/2014, SC 125/2014 and SC 3/2015 and second respondent in SC 120/2014).
E Costs of $2,500 are awarded to the Second, Third and Fourth Respondents in SC 77/2014 and SC 125/2014.
27 February 2015
Leave judgment - leave dismissed
N v M [2014] NZSC 189 [19 December 2014] (PDF, 95 KB)
Substantive judgment
N v M [2015] NZSC 15 [27 February 20 (PDF, 164 KB)
Case name
Robert Clifford Hoani Cribb v Evia Rural Finance Limited and The Official Assignee
Case number
SC 126/2014
Summary
Civil Appeal – Whether the Court of Appeal decision had a sound factual basis – Whether the Court of Appeal decision failed to consider the appellant’s argument – Whether the Court of Appeal erred in refusing to admit the further evidence – Whether the Court of Appeal erred in finding the appellant to be insolvent – Whether the Court of Appeal erred in supporting the exercise of the discretion by the Associate Judge.[2014] NZCA 543 CA 179/2012
Result
The application for leave to appeal is dismissed. 18 February 2015
Leave judgment - leave dismissed
Judgment appealed from
Case name
Terranova Homes & Care Limited v Service and Food Workers Union Nga Ringa Tota Incorporated and Kristine Bartlett
Case number
SC 127/2014
Summary
Civil Appeal – Equal Pay Act 1972 – Whether the Court of Appeal erred in its interpretation of s 3(1)(b) of the Equal Pay Act 1972. [2014] NZCA 516 CA 631/2013
Result
Application for leave to appeal dismissed. No order as to costs.
22 December 2014
22 December 2014
Leave judgment - leave dismissed
Case name
Ian Russell Geary v Accident Compensation Corporation
Case number
SC 128/2014
Summary
Civil Appeal – Whether the Court of Appeal fulfilled the role of an appeal court – Whether the Court of Appeal erred in holding that the High Court Rules endorse the practice of a Judge hearing an application for leave to appeal against his or her own decision.[2014] NZCA 534 CA 472/2014
Result
A The application for leave to appeal is dismissed.
B The applicant must pay the respondent costs of $2,500 together with disbursements (to be fixed if necessary by the Registrar).
23 February 2015
B The applicant must pay the respondent costs of $2,500 together with disbursements (to be fixed if necessary by the Registrar).
23 February 2015
Leave judgment - leave dismissed
Judgment appealed from
Case name
Issac John Chadderton v The Queen
Case number
SC 129/2014
Summary
Criminal Appeal – Birchler v Police [2010] NZSC 109, [2011] 1 NZLR 169 – Whether the Court of Appeal erred by failing to follow the Supreme Court’s decision in Birchler v Police – Whether the Court of Appeal erred in finding that the two detentions were lawful.[2014] NZCA 528 CA 40/2014
Result
The application for deferral of the operation of the disqualification order is dismissed.
8 December 2014
______________
Application for leave to appeal dismissed.
31 March 2015
8 December 2014
______________
Application for leave to appeal dismissed.
31 March 2015
Leave judgment - leave dismissed
Additional document
Case name
Vincent Ross Siemer v Clare O’Brien and Attorney-General
Case number
SC 130/2014
Summary
Civil Appeal – Whether the High Court erred in granting the Attorney -General standing to be heard where the proceedings had previously been stayed against the Attorney-General. [2014] NZHC 2886 CIV 2013 485 5611
Result
A The application for leave to appeal is dismissed.
B The applicant must pay the respondents costs of $2,500, plus reasonable disbursements.
25 February 2015
___________
Application for recall dismissed.
10 March 2015
___________
Second application for recall dismissed.
5 June 2015
_____________
Judgment reissued.
A The application for leave to appeal is dismissed.
B The applicant must pay the second respondent costs of $2,500, plus reasonable disbursements.
5 June 2015
______________
Third application for recall dismissed.
23 June 2015
B The applicant must pay the respondents costs of $2,500, plus reasonable disbursements.
25 February 2015
___________
Application for recall dismissed.
10 March 2015
___________
Second application for recall dismissed.
5 June 2015
_____________
Judgment reissued.
A The application for leave to appeal is dismissed.
B The applicant must pay the second respondent costs of $2,500, plus reasonable disbursements.
5 June 2015
______________
Third application for recall dismissed.
23 June 2015
Court of Appeal decision
Leave judgment - leave dismissed
Recall judgment
Leave judgment - leave dismissed
Recall judgment
Recall judgment
Case name
M v The Queen
Case number
SC 131/2014
Summary
Pre-trial ruling[2014] NZCA 576 CA 601/2014
Result
Application for leave to appeal dismissed. 11 December 2014
Leave judgment - leave dismissed
Not publicly available
Judgment appealed from
[2014] NZCA 576 -not available online
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