Supreme Court case information
Listed below are the substantive Supreme Court cases for the year 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 2024 - 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.
14 May 2024
Case information summary 2024 (as at 14 May 2024) – Cases where leave granted (121 KB)
Case information summary 2024 (as at 14 May 2024) – Cases where leave to appeal decision not yet made (PDF, 92 KB)
All years
Case name
Lewtyn Michael Scott v Rosemary Ann Scott and Ors
Case number
SC 84/2009
Summary
Stay of proceedings.[2009] NZCA 417 CA 634/2008 18 September 2009
Result
Application dismissed. 29 October 2009
Court of Appeal decision
Leave judgment - leave dismissed
Case name
Michael Wauchop Porter v The Queen
Case number
SC 85/2009
Summary
Criminal – s 361D Crimes Act 1961 – Whether the Court of Appeal erred in its interpretation of s 361D of the Act – Whether the Court of Appeal had sufficient regard to ss 24(e) or 5 of the New Zealand Bill of Rights Act 1990 when interpreting s 361D.[2009] NZCA 380 CA 255/09 28 August 2009
Result
Application for leave to appeal dismissed. 20 October 2009
Leave judgment - leave dismissed
Judgment appealed from
Case name
Miles Gainsford Elliott v The Queen
Case number
SC 86/2009
Summary
Criminal – s 361D Crimes Act 1961 – Whether the Court of Appeal erred n its interpretation of s 361D of the Act – Whether the Court of Appeal had sufficient regard to ss 24(e) or 5 of the New Zealand Bill of Rights Act 1990 when interpreting s 361D.[2009] NZCA 380 CA 256/09 28 August 2009
Result
Application for leave to appeal dismissed. 20 October 2009
Leave judgment - leave dismissed
Judgment appealed from
Case name
Dharminder Singh v The Queen
Case number
SC 87/2009
Summary
Criminal – s 361D Crimes Act 1961 – Whether the Court of Appeal erred in its interpretation of s 361D of the Act – Whether the Court of Appeal had sufficient regard to ss 24(e) or 5 of the New Zealand Bill of Rights Act 1990 when interpreting s 361D.[2009] NZCA 380 CA 273/09 28 August 2009
Result
Application for leave to appeal dismissed. 20 October 2009
Leave judgment - leave dismissed
Judgment appealed from
Case name
Surjit Singh v The Queen
Case number
SC 88/2009
Summary
Criminal – s 361D Crimes Act 1961 – Whether the Court of Appeal erred in its interpretation of s 361D of the Act – Whether the Court of Appeal had sufficient regard to ss 24(e) or 5 of the New Zealand Bill of Rights Act 1990 when interpreting s 361D[2009] NZCA 380 CA 279/09 28 August 2009
Result
Application for leave to appeal dismissed. 20 October 2009
Leave judgment - leave dismissed
Judgment appealed from
Case name
Tulsi Ram Naresh v Gordon Edward McCluskie
Case number
SC 89/2009
Summary
Civil – whether the Court of Appeal erred in law and fact in finding that the appellant should be removed as a trustee of a family trust pursuant to s 51 of the Trustee Act 1956 – whether the Court of Appeal erred in making an award of indemnity costs against the appellant – whether the Court of Appeal erred in finding that, for limitation purposes, time ran from October 1993.[2009] NZCA 328 CA 766/2008 28 July 2009
Result
Application for leave to appeal dismissed. Indemnity costs to the respondent. 26 November 2009
Leave judgment - leave dismissed
Supreme court decision
NARESH v McCLUSKIE SC 89/2009 [18 December 2009] (PDF, 8 KB)
Judgment appealed from
Case name
Chesterfields Preschools Limited, David John Hampton and others v The Commissioner of Inland Revenue
Case number
SC 90/2009
Summary
Civil – GST Act 1995 - Costs awards – Whether the Court of Appeal erred in allowing the appeals of the Commissioner for a stay of payment of costs awards in favour of the applicant.[2009] NZCA 373 CA 607/2008 25 August 2009
Result
Application for leave to appeal dismissed. Costs $3,000 plus disbursements to the respondent. 8 December 2009
Leave judgment - leave dismissed
Judgment appealed from
Case name
Phillip Michael McMaster v The Queen
Case number
SC 91/2009
Summary
Criminal appeal – appeal against convictions for aggravated robbery and unlawfully taking a motor vehicle – whether the Court of Appeal erred in concluding that the evidence of two co-accused was insufficiently cogent to give rise to a miscarriage of justice when the Crown case identifying the applicant as a participant in the offending was reliant on a third co-accused who was motivated to give false evidence to minimise his role in the offending.[2009] NZCA 393 CA 608/2008 9 September 2009
Result
Application for leave to appeal dismissed. 10 February 2010
Leave judgment - leave dismissed
MCMASTER V R SC 91/2009 11 February 2010 (PDF, 9 KB)
Transcript
Judgment appealed from
Case name
Ludgater Holdings Limited v Gerling Australia Insurance Company Pty Limited
Case number
SC 92/2009
Summary
Civil appeal – Whether the Court of Appeal erred in applying s 9 of the Law Reform Act 1936, namely whether the Court of Appeal erred in not finding that the respondent had a sufficient presence in New Zealand and whether the Court of Appeal erred in finding that the High Court did not have subject-matter jurisdiction – whether s 9 has an extraterritorial effect – whether, if the High Court does have jurisdiction, the Court in the exercise of its discretion should decline or allow jurisdiction[2009] NZCA 397 CA 546/2008 11 September 2009
Result
Application for leave to appeal granted.
16 December 2009
___________________________
Appeal dismissed. Cost to respondent $15,000 plus reasonable disbursements.
11 May 2010
16 December 2009
___________________________
Appeal dismissed. Cost to respondent $15,000 plus reasonable disbursements.
11 May 2010
Media Releases
- press release ludgater (PDF, 38 KB)
Substantive judgment
Leave judgment - leave granted
sc 92 2009 ludgater holdings leave judgment (PDF, 36 KB)
Transcript
Judgment appealed from
Case name
The Queen v George Evans Gwaze
Case number
SC 93/2009
Summary
Criminal – Appeal against case stated decision – Whether Court of Appeal majority erred in concluding that the trial Judge’s decision to allow inadmissible hearsay “evidence” was an error of fact rather than an error of law and that therefore the case stated provisions of the Crimes Act 1961 were not engaged – Whether the Court of Appeal President erred in concluding that the Crown could succeed on an appeal under ss 380 and 380 of the Crimes Act 1961 in this case only if “To set aside the acquittal and direct a new trial would not be an unacceptable derogation from the spirit of the rule against double jeopardy”.[2009] NZCA 430 CA 90/2009 24 September 2009
Result
Application for leave to appeal granted.
23 November 2009
______________________
A The appeal is allowed and the acquittals are quashed. B A new trial is directed under s 382(2)(b) of the Crimes Act 1961. C A certified direction for new trial will issue to the Registrar of the High Court at Christchurch with the consequences provided for by ss 380(4) and 382(4) of the Crimes Act.
17 May 2010
23 November 2009
______________________
A The appeal is allowed and the acquittals are quashed. B A new trial is directed under s 382(2)(b) of the Crimes Act 1961. C A certified direction for new trial will issue to the Registrar of the High Court at Christchurch with the consequences provided for by ss 380(4) and 382(4) of the Crimes Act.
17 May 2010
Transcripts
- sc 93 2009 the queen v george evans gwaze (PDF, 539 KB)
Media Releases
Leave judgment - leave granted
R v GWAZE SC 93/2009 [23 November 2009] (PDF, 7 KB)
Substantive judgment
R v GWAZE SC 93/2009 [17 May 2010] (PDF, 167 KB)
Transcript
Hearing date : 25 February 2010
Elias CJ, Blanchard, McGrath, Wilson J.
Judgment appealed from
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