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)
2023
Case name
Joshua Pera Van Silfhout v Udaya Lakshman Agas Pathirannehelage
Case number
SC 21/2023
Summary
Civil Appeal
Result
A Leave to appeal is granted (Van Silfhout v Pathirannehelage [2023] NZCA 5).
B The approved question is whether the Court of Appeal was correct in its interpretation of s 64(1) of the Prisoners’ and Victims’ Claims Act 2005 which suspends the limitation period for a victim of an offence making a claim under that Act while the offender is “serving a sentence of imprisonment” and, in particular, in concluding that time spent in pre-sentence detention counts to extend the period of suspension.
4 May 2023
_________________________________________________________________________
A The appeal is allowed.
B The award of $5,000 to the respondent made by the Victims’ Special Claims Tribunal is set aside.
6 November 2023
B The approved question is whether the Court of Appeal was correct in its interpretation of s 64(1) of the Prisoners’ and Victims’ Claims Act 2005 which suspends the limitation period for a victim of an offence making a claim under that Act while the offender is “serving a sentence of imprisonment” and, in particular, in concluding that time spent in pre-sentence detention counts to extend the period of suspension.
4 May 2023
_________________________________________________________________________
A The appeal is allowed.
B The award of $5,000 to the respondent made by the Victims’ Special Claims Tribunal is set aside.
6 November 2023
Date of hearing
18 July 2023
Judges
Winkelmann CJ, O’Regan, Ellen France, Williams and Kós JJ
Submissions from counsel
- Hearing date 18 July 2023 Appellant's Submissions (PDF, 268 KB)
- Hearing date 18 July 2023 Secretary for Justice's Submissions (PDF, 1021 KB)
- Hearing date 18 July 2023 Joint Chronology (PDF, 68 KB)
Transcripts
- Hearing date 18 July Transcript (PDF, 449 KB)
Case Synopses
- Hearing date 18 July 2023 SC 21_2023 (PDF, 310 KB)
Media Releases
- MR [2023] NZSC 148 (PDF, 396 KB)
High Court decision
Court of Appeal decision
Leave judgment - leave granted
Substantive judgment
Videos
- Joshua Pera Van Silfhout v Udaya Lakshman Agas Pathirannehelage (Recorded, 18 July 2023)
Case name
Tanya Felicity Dunstan v Emma Marion Gibbs
Case number
SC 22/2023
Summary
A The application for leave to appeal is dismissed.
B The applicant must pay the respondent costs of $2,500.
5 April 2023
B The applicant must pay the respondent costs of $2,500.
5 April 2023
Result
Civil Appeal - Application for leave to bring an appeal
High Court decision
Court of Appeal decision
Not publicly available
Leave judgment - leave dismissed
Case name
Shane Thompson v The King
Case number
SC 23/2023
Summary
Criminal Appeal - Application for leave to bring an appeal
Result
The application for an extension of time to apply for leave to appeal is dismissed.
17 May 2023
17 May 2023
District Court decision
Not publicly available
Court of Appeal decision
Leave judgment - leave dismissed
SHANE THOMPSON v R [2023] NZSC 59 [17 May 2023] (PDF, 169 KB)
Case name
S (SC 24/2023) v Attorney-General and District Court at Auckland
Case number
SC 24/2023
Summary
Civil Appeal - Application for leave to bring an appeal
______________________________________________________________
______________________________________________________________
Result
A The application for leave to appeal is dismissed.
B There is no order as to costs.
18 July 2023
________________________________________________________________
A The application for recall of this Court’s judgment of 18 July 2023 (S (SC 24/2023) v Attorney-General [2023] NZSC 86) is dismissed.
B There is no order as to costs.
23 August 2023
B There is no order as to costs.
18 July 2023
________________________________________________________________
A The application for recall of this Court’s judgment of 18 July 2023 (S (SC 24/2023) v Attorney-General [2023] NZSC 86) is dismissed.
B There is no order as to costs.
23 August 2023
High Court decision
Leave judgment - leave dismissed
Supreme court decision
Case name
Elizabeth Maria Bolea v The King
Case number
SC 25/2023
Summary
Criminal Appeal
Result
A Leave to appeal is granted (Bolea v R [2023] NZCA 39).
B The approved question is whether the Court of Appeal was correct to dismiss the appeal.
22 June 2023
__________________________________________________
A The appeal is allowed.
B The conviction for participating in an organised criminal group is quashed.
C The application for a discharge without conviction is remitted to the High Court for reconsideration.
3 May 2024
B The approved question is whether the Court of Appeal was correct to dismiss the appeal.
22 June 2023
__________________________________________________
A The appeal is allowed.
B The conviction for participating in an organised criminal group is quashed.
C The application for a discharge without conviction is remitted to the High Court for reconsideration.
3 May 2024
Date of hearing
31 October 2023
Judges
Glazebrook, O'Regan, Ellen France, Williams and Kós JJ
Submissions from counsel
- Hearing date 31 October 2023 Appellant submissions (PDF, 2.4 MB)
- Hearing date 31 October 2023 Respondent submissions (PDF, 401 KB)
- Hearing date 31 October 2023 Respondent Oral Outline (PDF, 157 KB)
- Hearing date 31 October 2023 Appellant Oral Outline (PDF, 204 KB)
Transcripts
- Hearing date 31 October 2023 SC 25_2023 (PDF, 389 KB)
Case Synopses
- Hearing date 31 October 2023 (PDF, 444 KB)
Media Releases
- MR [2024] NZSC 46 (PDF, 539 KB)
High Court decision
Court of Appeal decision
Leave judgment - leave granted
ELIZABETH MARIA BOLEA v R [2023] NZSC 72 [22 June 2023] (PDF, 130 KB)
Substantive judgment
ELIZABETH MARIA BOLEA v R [2024] NZSC 46 [3 May 2024] (PDF, 301 KB)
Case name
B (SC 26/2023) v C (SC 26/2023)
Case number
SC 26/2023
Summary
Civil Appeal - Application for leave to bring an appeal
Result
A The application to adduce new evidence in this Court is dismissed.
B The application for leave to appeal is dismissed.
15 May 2023
B The application for leave to appeal is dismissed.
15 May 2023
High Court decision
Not publicly available
Court of Appeal decision
Not publicly available
Leave judgment - leave dismissed
Case name
Raymond John Belsey v The King
Case number
SC 27/2023
Summary
Criminal Appeal - Application for leave to bring an appeal
Result
The application for an extension of time to apply for leave to appeal is dismissed. 26 June 2023
District Court decision
Not publicly available
Court of Appeal decision
Leave judgment - leave dismissed
RAYMOND JOHN BELSEY v R [2023] NZSC 75 [26 June 2023] (PDF, 154 KB)
Case name
Cresswell v Roberts
Case number
SC 28/2023
Summary
Civil Appeal - Application for leave to bring an appeal
Result
A The applications for an extension of time to apply for leave to appeal Roberts v Cresswell [2022] NZCA 625 and the Court of Appeal’s decision declining the application to adjourn the substantive hearing are dismissed.
B The application for leave to appeal (Roberts v Cresswell [2023] NZCA 36) is dismissed.
C There is no order as to costs.
25 May 2023
B The application for leave to appeal (Roberts v Cresswell [2023] NZCA 36) is dismissed.
C There is no order as to costs.
25 May 2023
High Court decision
Not publicly available
Court of Appeal decision
Not publicly available
Leave judgment - leave dismissed
CRESSWELL v ROBERTS [2023] NZSC 62 [25 May 2023] (PDF, 214 KB)
Case name
Tanya Felicity Dunstan v New Zealand Police
Case number
SC 29/2023
Summary
Civil Appeal - Application for leave to bring an appeal
Result
A The application for leave to appeal is dismissed.
B The application for recusal is dismissed.
C The applicant must pay the respondent costs of $2,500.
17 May 2023
________________________________________________________________________________________________________
The application for recall of this Court’s judgment of 17 May 2023 (Dunstan v New Zealand Police [2023] NZSC 58) is dismissed.
21 June 2023
B The application for recusal is dismissed.
C The applicant must pay the respondent costs of $2,500.
17 May 2023
________________________________________________________________________________________________________
The application for recall of this Court’s judgment of 17 May 2023 (Dunstan v New Zealand Police [2023] NZSC 58) is dismissed.
21 June 2023
District Court decision
Not publicly available
Leave judgment - leave dismissed
Recall judgment
Case name
Zhong Xing v Jicai Li and Fang Yu and Ors
Case number
SC 30/2023
Summary
Civil Appeal - Application for leave to bring an appeal
Result
The application for leave to appeal is dismissed.
19 June 2023
______________________________________________________________
The applicant must pay the first to seventeenth and nineteenth respondents one set of costs of $1,000. 19 July 2023
19 June 2023
______________________________________________________________
The applicant must pay the first to seventeenth and nineteenth respondents one set of costs of $1,000. 19 July 2023
Court of Appeal decision
Leave judgment - leave dismissed
Supreme court decision
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