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.
4 September 2026
Case information summary (as at 4 September 2026) – Cases where leave granted (PDF, 116 KB)
Case information summary (as at 4 September 2026) – Cases where leave to appeal decision not yet made (PDF, 132 KB)
All years
Case name
Graham Thomas Rowe v The Queen
Case number
SC 22/2005
Summary
Appeal against conviction for offensive behaviour under s 4(1)(a) of the Summary Offences Act 1981 - whether the appellant's behaviour was sufficiently observable to amount to offensive behaviour - whether the court's finding was possible only with recourse to inadmissible prior conduct evidence - whether the absence of a legitimate purpose may be taken into account in determining whether behaviour is offensive - whether a police officer is a competent complainant in a prosecution for offensive behaviour. CA 374/04 18 April 2005
Result
Leave to appeal dismissed. 23 June 2005
Leave judgment - leave dismissed
ROWE V R SC SC 22/2005 [23 June 2005] (PDF, 15 KB)
Case name
Dr C v Complaints Assessment Committee
Case number
SC 27/2005
Summary
Summary Civil appeal - privilege - medical practitioners - whether sections 32 and 35 of the Evidence Amendment Act (No 2) 1980 apply to proceedings before the Medical Practitioners Disciplinary Tribunal under the Medical Practitioners Act 1995 - whether waiver of privilege. CA 198/04 19 April 2005
Result
Leave to appeal granted. Costs to the appellant of $3000 plus disbursements to be fixed by the Registrar in absence of agreement.
22 August 2005
_________________________
A. The appeal is allowed to the extent set out in order C only.
B. The setting aside of the order made in the High Court is affirmed.
C. C's application for disclosure is referred back to the Medical Practitioners Disciplinary Tribunal for re-hearing in the light of the directions given in the reasons of the majority judgment. The directions given by the Court of Appeal are set aside.
The appellant must pay the costs of the Complaints Assessment Committee in the Court of Appeal as ordered in that Court. In this Court the respondent must pay the appellant's costs fixed at $10,000 together with disbursements to be fixed if necessary by the Registrar.
29 June 2006
22 August 2005
_________________________
A. The appeal is allowed to the extent set out in order C only.
B. The setting aside of the order made in the High Court is affirmed.
C. C's application for disclosure is referred back to the Medical Practitioners Disciplinary Tribunal for re-hearing in the light of the directions given in the reasons of the majority judgment. The directions given by the Court of Appeal are set aside.
The appellant must pay the costs of the Complaints Assessment Committee in the Court of Appeal as ordered in that Court. In this Court the respondent must pay the appellant's costs fixed at $10,000 together with disbursements to be fixed if necessary by the Registrar.
29 June 2006
Transcripts
- Hearing date 17 August 2005 SC 27/2005 (PDF, 86 KB)
- Hearing date 15 December 2005 SC 27/2005 (PDF, 216 KB)
Media Releases
- MR [2006] NZSC 48 (PDF, 90 KB)
Leave judgment - leave granted
Substantive judgment
Case name
Scott Simeon Thompson v The Queen
Case number
SC 42/2005
Summary
Criminal appeal - appeal against decision of the Court of Appeal - whether the Court erred in dismissing a claim of miscarriage of justice by reason of the complainant’s conduct. CA 445/04 16 June 2005
Result
Leave to appeal granted. 22 September 2005
Media Releases
- mrt (PDF, 79 KB)
Leave judgment - leave granted
Substantive judgment
THOMPSON V R SC 42/2005 [15 February 2006] (PDF, 92 KB)
Transcript
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
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