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.
5 June 2026
Case information summary (as at 5 June 2026) – Cases where leave granted (PDF, 89 KB)
Case information summary (as at 5 June 2026) – Cases where leave to appeal decision not yet made (PDF, 124 KB)
All years
Case name
David Fruean v The Queen
Case number
SC 43/2005
Summary
Criminal Law - “ whether a comment by a trial judge describing portions of an out of court statement as "self-serving" during evidence, necessitates a jury direction that "the whole of a mixed out of court statement is evidence of the facts stated". CA 73/05 22 June 2005
Result
Leave to appeal dismissed. 7 September 2005
Leave judgment - leave dismissed
FRUEAN V R SC 43/2005 [7 September 2005] (PDF, 16 KB)
Case name
Colyn David Stoves v The Queen
Case number
SC 44/2005
Summary
Criminal appeal - whether the Court of Appeal erred in failing to give sufficient weight to the delay between conviction and sentencing in assessing the applicant’s appeal against sentence - whether the Court of Appeal wrongly concluded that the Crown was not obliged to make an application under s 344A of the Crimes Act when advised that the admissibility of certain evidence was to be challenged by the applicant . CA 457/04 24 May 2005
Result
Leave to appeal dismissed. 22 September 2005
Leave judgment - leave dismissed
STOVES V R SC 44/2005 [22 September 2005] (PDF, 15 KB)
Judgment appealed from
Case name
Devanand Solanki v The Queen
Case number
SC 65/2005
Summary
Criminal law - “ assault on a child - whether the Court of Appeal erred in holding that the evidence of the complainant's mother was undisputed - “ trial Judge indicated that a mere touching of the complainant might constitute an assault, and that the jury would have to be so informed.CA 106/05 6 September 2005
Result
Leave to appeal refused. 22 November 2005
Leave judgment - leave dismissed
SOLANKI V R SC 65/2005 [22 November 2005] (PDF, 15 KB)
Judgment appealed from
Case name
Wynston Alexander Cecil Chirnside & Rattray Properties Limited v Richard Elmore Fay
Case number
SC CIV 7/2004
Summary
Civil appeal – commercial relationship for the purposes of property development – whether this gave rise to a joint venture of a commercial kind – whether a fiduciary relationship can arise where parties are negotiating towards a joint venture – whether in this case the parties owed fiduciary obligations to each other.
Result
A. The appeal and cross-appeal are each allowed in part.
B. The damages and interest awards made by the Court of Appeal are set aside.
C. The judgment entered for Mr Fay against Mr Chirnside in the High Court is varied from $495,000 to $850,000 plus interest as awarded by the High Court.
D. Judgment is entered for Mr Fay against Rattray Properties Ltd for $850,000 plus interest in the same terms as awarded against Mr Chirnside. E. The caveat lodged by Mr Fay against the title to the Harvey Norman project is to be removed. F. Mr Chirnside is to pay Mr Fay costs in respect of the proceedings in this court in the total sum of $15,000 plus disbursements, to be fixed if necessary by the registrar. The costs awarded to Mr Fay in the Court of Appeal are increased from $4,000 to $10,000. Costs in the High Court are to remain as fixed by that court. 6 September 2006
B. The damages and interest awards made by the Court of Appeal are set aside.
C. The judgment entered for Mr Fay against Mr Chirnside in the High Court is varied from $495,000 to $850,000 plus interest as awarded by the High Court.
D. Judgment is entered for Mr Fay against Rattray Properties Ltd for $850,000 plus interest in the same terms as awarded against Mr Chirnside. E. The caveat lodged by Mr Fay against the title to the Harvey Norman project is to be removed. F. Mr Chirnside is to pay Mr Fay costs in respect of the proceedings in this court in the total sum of $15,000 plus disbursements, to be fixed if necessary by the registrar. The costs awarded to Mr Fay in the Court of Appeal are increased from $4,000 to $10,000. Costs in the High Court are to remain as fixed by that court. 6 September 2006
Transcripts
- Hearing date 14 and 15 November 2005 (PDF, 619 KB)
Media Releases
- MR [2006] NZSC 68 (PDF, 104 KB)
Supreme court decision
Minute granting leave (PDF, 12 KB)
Supreme court decision
Leave judgment - leave granted
Substantive judgment
Case name
Union House Limited and Union House Lease Limited v Auckland City Council.
Case number
SC CIV 11/2004
Summary
Civil appeal - contract interpretation - whether contract unassignable because of the existence of a confidentiality clause prohibiting disclosure of the terms of the agreement - whether the assignment was ineffective where the assigning party breached the confidentiality clause - whether the case should have been remitted back to the High Court to determine whether the pleadings could be amended to allege a breach of the confidentiality clause.
CA162/03 11 August 2004
Result
Leave to appeal granted.
15 December 2004
___________________
Appeal Hearing Date
22 March 2005
_____________
Notice of abandonment of appeal being lodged, the appeal is deemed to be dismissed.
23 March 2005
Leave judgment - leave granted
Transcription
Judgment appealed from
Case name
Calan Healthcare Properties Limited v Richard John Ord and Colleen Mary Fenton.
Case number
SC CIV 22/2004
Summary
Civil appeal - whether the lodging of an updating share transfer, which gives effect to a change of trustee, establishes that "a shareholder is intending to transfer any shares", and thus triggers rights of pre-emption under the appellant's constituion - propoer approach to interpretation of a constitution. CA31/04 CA165/04 7 October 2004
Result
Application for leave to appeal is dismissed. Costs to Respondents of $2,500 plus disbursements to be fixed if necessary by the Registrar. 27 April 2005
Leave judgment - leave dismissed
Judgment appealed from
Case name
James Bryson v Three Foot Six Limited
Case number
SC CIV 24/2004
Summary
Employment appeal - whether model maker working for the respondent was an employee or a independent contractor - interpretation of "employee" under s6 of the Employment Relations Act 2000 -whether film industry practice concerning manner of contracting staff relevant to determination - weight to be accorded to contractual label. CA 246/03 12 November 2004
Result
Gault J; Blanchard J. Leave to appeal granted. 22 February 2005 _____________________ New Zealand Council of Trade Unions granted Intervener status. 14 March 2005 ______________ Business New Zealand granted Intervener status. 16 March 2005 __________________________ The appeal is allowed. The decision of the Employment Court is restored. Costs in favour of the appellant against the respondent will be fixed by the Court following the receipt of written submissions. 16 June 2005 ___________________________ Judgment of the Court on Costs issued. 10 August 2005
Transcripts
- Hearing date 8 April 2005 CIV 24_2004 (PDF, 233 KB)
Leave judgment - leave granted
Substantive judgment
Supreme court decision
Case name
Westfield (New Zealand) Limited and Northcote Mainstreet Incorporated v North Shore City Council and Discount Brands Limited
Case number
SC 4/2004 SC CIV 4/2004
Summary
Civil appeal - resource management - application for consent for non-complying activity - whether a decision to proceed on a non-notified basis is extraordinary - whether the correct standard of review of such a decision is to be in accordance with traditional Wednesbury principles - whether the cautionary approach discussed in Bayley v Manukau City Council (1999) NZLR 568 should be adopted in non-notification decisions - whether there was sufficient material before the Commissioners to enable them to conclude that the effects of the application would be more than de minimis. CA 30/04 14 June 2004.
Result
6 October 2004 Elias CJ; Tipping J Leave to appeal granted.
6 October 2004
________________________________
The appeal is allowed. The order of the High Court is restored. The decisions made by the North Shore City Council (a) on 25 July 2003 not to require notification of the second respondent's resource consent application and (b) on 21 August 2003 granting that application are set aside. Costs in favour of the appellants are to be fixed by the Court following receipt of written submissions.
19 April 2005
6 October 2004
________________________________
The appeal is allowed. The order of the High Court is restored. The decisions made by the North Shore City Council (a) on 25 July 2003 not to require notification of the second respondent's resource consent application and (b) on 21 August 2003 granting that application are set aside. Costs in favour of the appellants are to be fixed by the Court following receipt of written submissions.
19 April 2005
Transcripts
- Hearing date 6 - 8 December 2004 (PDF, 685 KB)
Court of Appeal decision
Leave judgment - leave granted
Substantive judgment
Case name
Richard Prebble and Ken Shirley v Donna Awatere Huata
Case number
SC 9/2004 SC CIV 9/2004
Summary
Whether distortion of "the proportionality of political party representation in Parliament" in terms of s55D of the Electoral Act 1993 was properly limited to conduct which alters a party's relative voting strength through defection - whether the belief of the leaders of the Act party that Huata had acted so as to distort the proportionality of Parliament was a reasonable one - whether, and to what extent, the scope of judicial review is limited in the context of ss55A-55D of the Act. CA34/04 16 July 2004
Result
Leave to appeal granted.
25 August 2004
_________________
A Appeal allowed
B Order of the Court of Appeal prohibiting delivery of the proposed notice to the Speaker of the House of Representatives is discharged.
C Appellant entitled to costs in this and the lower courts.
18 November 2004
________________________
Costs to appellant in the sum of $15,000, together with disbursements of $2,000.
19 April 2005
25 August 2004
_________________
A Appeal allowed
B Order of the Court of Appeal prohibiting delivery of the proposed notice to the Speaker of the House of Representatives is discharged.
C Appellant entitled to costs in this and the lower courts.
18 November 2004
________________________
Costs to appellant in the sum of $15,000, together with disbursements of $2,000.
19 April 2005
Transcripts
- Hearing 5 October 2004 (PDF, 305 KB)
Court of Appeal decision
Leave judgment - leave granted
Substantive judgment
Additional document
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