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
Vincent Ross Siemer v Registrar of the Supreme Court and Ministry of Justice
Case number
SC 99/2014
Summary
Civil Appeal – Judicature Act 1908 – Whether the Court of Appeal erred in affirming the Registrar’s decision that refused to dispense with security for costs.[2014] NZCA 456 CA 318/2014
Result
Application for leave to appeal dismissed.
Costs of $2,500 to the respondent. 8 December 2014
Costs of $2,500 to the respondent. 8 December 2014
Leave judgment - leave dismissed
Recall judgment
Judgment appealed from
Case name
T v The Queen
Case number
SC 100/2014
Summary
Criminal Appeal – Whether the applicant’s right to a fair trial was breached in the course of his arrest and detention, giving rise to a miscarriage of justice – Whether the Court of Appeal erred in refusing to allow the applicant to speak on points of law in the Court of Appeal hearing.[2014] NZCA 378 CA 693/2011
Result
The application for leave to appeal is dismissed.
19 February 2015
19 February 2015
Leave judgment - leave dismissed
T (SC 100/2014) v R [2015] NZSC 9 19 February 2015 (PDF, 77 KB)
Judgment appealed from
Case name
Elvis Heremia Teddy v New Zealand Poice
Case number
SC 101/2014
Summary
Criminal Appeal – Maritime Transport Act 1994 – Crimes Act 1961 – Whether the Court of Appeal erred in finding that s 65 of the Maritime Transport Act 1994 applied extraterritorially to New Zealand ships – Whether the Court of Appeal erred in holding that the arrest powers in the Crimes Act 1961 empower the New Zealand Police to stop and board New Zealand ships and to arrest offenders extraterritorially.[2014] NZCA 422 CA 614/2013
Result
The application for leave to appeal is dismissed.
17 February 2015
17 February 2015
Leave judgment - leave dismissed
Judgment appealed from
Case name
Victoria Elizabeth Bethell as Administrator of the estate of R M Bethell and Maria Gael Bethell v Christine Anne Bethell
Case number
SC 102/2014
Summary
Civil Appeal – Whether the Court of Appeal erred in interpreting the Deed of Family Arrangement and whether it made a number of other errors.[2014] NZCA 442 CA 33/2014
Result
The application for leave to appeal is dismissed. The applicant is to pay the respondent costs of $2,500 and reasonable disbursements to be fixed by the Registrar.
3 December 2014
3 December 2014
Leave judgment - leave dismissed
Judgment appealed from
Case name
Clive Richard Bradbury and Gregory Alan Peebles v Judicial Conduct Commissioner
Case number
SC 103/2014
Summary
Civil Appeal – Whether the Court of Appeal erred in dismissing the judicial review application – Whether the Court of Appeal erred in finding that it was not judicial misconduct for a judge to have unsatisfied liabilities to a party that are not disclosed in cases involving that party, to sit in such cases, and to deny such liabilities - Whether the Judicial Conduct Commissioner failed to adopt a proper process – Whether the judicial review proceedings are abuse of process – Whether the Court of Appeal erred in awarding indemnity costs.[2014] NZCA 441 CA 357/2013
Result
The application for leave to appeal is dismissed.
Costs are reserved. If the respondents wish to obtain orders for costs they should apply within 14 days setting out in detail the orders sought. If such applications are made, the applicants may respond within a further 14 days.
2 December 2014
________________
Leave is granted under s 76(2) of the Insolvency Act 2006 to permit continuation of the applications for costs in respect of SC 87/2014 and SC 103/2014. We fix costs and disbursements as follows: To the Judicial Conduct Commissioner in the sum of $5,294.50; To the Hon Justice Venning in the sum of $2,829.
8 June 2015
Costs are reserved. If the respondents wish to obtain orders for costs they should apply within 14 days setting out in detail the orders sought. If such applications are made, the applicants may respond within a further 14 days.
2 December 2014
________________
Leave is granted under s 76(2) of the Insolvency Act 2006 to permit continuation of the applications for costs in respect of SC 87/2014 and SC 103/2014. We fix costs and disbursements as follows: To the Judicial Conduct Commissioner in the sum of $5,294.50; To the Hon Justice Venning in the sum of $2,829.
8 June 2015
Leave judgment - leave dismissed
Costs judgment
Judgment appealed from
Case name
Malcolm Edward Rabson v Registrar of the Supreme Court and Ministry of Justice
Case number
SC 104/2014
Summary
Civil Appeal – Insolvency Act 2006 – Whether judicial review proceedings are within the scope of s 101(1)(b) of the Insolvency Act 2006.[2014] NZCA 481
Result
Application for leave to appeal dismissed.
2 December 2014
_______________
The application to recall the judgment of 2 December 2014 and the second application for leave to appeal against the judgment of French J are dismissed.
23 December 2014
Further application for recall dismissed.
9 March 2015
2 December 2014
_______________
The application to recall the judgment of 2 December 2014 and the second application for leave to appeal against the judgment of French J are dismissed.
23 December 2014
Further application for recall dismissed.
9 March 2015
Leave judgment - leave dismissed
Recall judgment
Recall judgment
Judgment appealed from
Case name
Zoggs International Limited v Sexwax Incorporated
Case number
SC 105/2014
Summary
Civil Appeal – Trade Marks Act 2002 – Whether the Court of Appeal erred in applying the test for comparing the existing and proposed trade marks under s 17(1)(a) of the Act –Whether the Court of Appeal erred in failing to consider granting the applicant’s trade mark application in part – Whether the Court of Appeal erred in overturning earlier findings of fact which were not plainly wrong.[2014] NZCA 311 CA 461/2013
Result
A The application for leave to appeal is dismissed.
B The applicant must pay the respondent costs of $2,500, plus reasonable disbursements. 2 March 2015
B The applicant must pay the respondent costs of $2,500, plus reasonable disbursements. 2 March 2015
Leave judgment - leave dismissed
Case name
QBE Insurance (International) Limited v Wild South Holdings Limited and Maxims Fashions Limited
Case number
SC 106/2014
Summary
Civil Appeal – Whether the Court of Appeal erred in its interpretation and application of the automatic reinstatement clauses in the insurance policies.[2014] NZCA 447 CA 776/2013
Result
Notice of abandonment of appeal being lodged, the application for leave to appeal is deemed to be dismissed. 12 November 2014
Case name
Certain Underwriters at Lloyds of London and Sirius International Insurance Group Limited v Crystal Imports Limited
Case number
SC 107/2014
Summary
Civil Appeal – Whether the Court of Appeal erred in its interpretation and application of the automatic reinstatement clauses in the insurance policies.[2014] NZCA 447 CA 65/2014
Result
The application for leave to appeal is dismissed.
The applicants must pay the respondent costs of $2,500 and reasonable disbursements (to be fixed if necessary by the Registrar).
16 December 2014
The applicants must pay the respondent costs of $2,500 and reasonable disbursements (to be fixed if necessary by the Registrar).
16 December 2014
Leave judgment - leave dismissed
Case name
Vincent Ross Siemer v Registrar of the Supreme Court and Ministry of Justice
Case number
SC 108/2014
Summary
Civil Appeal – Whether the Court of Appeal erred in refusing to recall its judgment.[2014] NZCA 491 CA 318/2014
Result
Application for leave to appeal dismissed.
Costs of $2,500 to the respondent.
8 December 2014
Costs of $2,500 to the respondent.
8 December 2014
Leave judgment - leave dismissed
Recall judgment
Judgment appealed from
Page 9 of 12