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.
19 June 2026
Case information summary (as at 19 June 2026) – Cases where leave granted (PDF, 89 KB)
Case information summary (as at 19 June 2026) – Cases where leave to appeal decision not yet made (PDF, 126 KB)
All years
Case name
Jeremy James McGuire v Lee Grace Sheridan
Case number
SC 23/2011
Summary
Civil Appeal – Fees – Legal Services Act 2000 – Whether applicant entitled to payment of quantum meruit legal fees from respondent notwithstanding s 66 Legal Services Act – Whether respondent agreed to abandon legal aid grant in signing contingency-fee and fixed-fee agreements with respondent – Whether under s 66 permission must be sought from Legal Services Agency before suing for “top-up” of legal aid fees – Whether High Court summary judgment hearing unfair – Whether award of indemnity costs by High Court against applicant unwarranted.[2011] NZCA 15 CA 377/2010
Leave judgment - leave dismissed
MCGUIRE v SHERIDAN SC 23/2011 [13 April 2011] (PDF, 8 KB)
Dates
Application for leave to appeal dismissed. Costs $2,000 to the respondent.
13 April 2011
Case name
Jordan James Ataria v The Queen
Case number
SC 31/2011
Summary
Criminal Appeal – Sentencing – Whether the Judge was entitled to determine particular matters of fact at the sentencing stage, and whether there was sufficient evidence to support those findings of fact – Whether the appellant’s sentence should be reduced on account of an alleged disparity with the sentence imposed on certain other offenders in this case[2010] NZCA 559 CA 120/2010
Leave judgment - leave dismissed
ATARIA v R SC 31/2011 [17 June 2011] (PDF, 29 KB)
Dates
Application for leave to appeal dismissed.
17 June 2011.
17 June 2011.
Case name
David Ingram Rowley and Barrie James Skinner v Commissioner of Inland Revenue
Case number
SC 51/2011
Summary
Criminal Appeal – Name Suppression – Interim name suppression order granted in the District Court, but overturned in High Court, with a Court of Appeal majority upholding the High Court’s decision – Whether Court of Appeal majority correctly applied the test for name suppression appeals – Whether Court of Appeal majority was right to uphold the view of the High Court Judge that the possible impact on financing of a defence was an irrelevant consideration – Whether Court of Appeal majority was correct in supporting the High Court Judge’s finding that the District Court Judge had failed to take into account a relevant consideration, namely the interest in clients of the appellants in knowing of the charges faced – Whether Court of Appeal majority was justified in holding that the High Court could make its own evaluation of the factors for and against name suppression if the District Court took into account irrelevant considerations or failed to take into account a relevant consideration.[2011] NZCA 160 CA 112/2011
Leave judgment - leave dismissed
Dates
Application for leave to appeal is declined.
7 July 2011.
7 July 2011.
Case name
Anthony Phillip Musson v Ministry of Fisheries
Case number
SC 55/2011
Summary
Civil – Fisheries levies – That the District Court erred in granting judgment to the Ministry of Fisheries against the appellant.Civ 2011 425 043
Leave judgment - leave dismissed
Dates
Application for leave to appeal dismissed. Costs to the respondent in the sum of $1500.00 plus disbursements.
27 June 2011.
Case name
John Anthony Edwards v Wellington Regional Council
Case number
SC 67/2011
Summary
Civil – Costs – Whether the Court of Appeal was right to uphold a decision of the Acting Registrar of that Court fixing security for costs on an appeal from the High Court – Section 14 of the Supreme Court Act 2003 – Appeal directly from the High Court – Whether a decision of the High Court to stay proceedings until a further statement of claim with adequate pleadings is submitted, and the leave of a Judge to file it is granted, is sufficiently exceptional to allow a direct appeal against the judgment to this Court. [2011] NZCA 260 CA 176/2011
Leave judgment - leave dismissed
Dates
Application for leave to appeal dismissed. Costs $2,5000 to the respondent.
Case name
NV Sumatra Tobacco Trading Company v New Zealand Milk Brands Limited
Case number
SC 79/2011
Summary
Civil – Intellectual Property – Trademark registration – Trade Marks Act 2002 – Whether Court of Appeal erred in not allowing registration of appellant’s mark in relation to tea, cocoa, chocolate, artificial coffee, flavourings for beverages and non-dairy creamer – Whether Court of Appeal misdirected itself on “similar goods” in the context of s 25(1)(b) and (c) of the Trade Marks Act 2002 – Relevance of test in British Sugar Plc v James Robertson & Sons Ltd [1996] RPC 281 (Ch) under the Trade Marks Act 2002. [2011] NZCA 264 CA 25/2009
Dates
The application for leave to appeal is dismissed.
The applicant is to pay the respondent costs in the sum of $2,500.
22 September 2011
Case name
James Joseph Kapa v The Queen
Case number
SC 114/2011
Summary
[2011] NZCA 504 CA 407/2010 CA 572/2010
Result
Leave to appeal is granted in respect of the sentence of reparation only.
The approved ground is whether the sentence of reparation complied with the requirements of s 32 of the Sentencing Act 2002.
7 February 2012
____________________________
Appeal is allowed. The sentence of reparation is quashed.
20 December 2012
The approved ground is whether the sentence of reparation complied with the requirements of s 32 of the Sentencing Act 2002.
7 February 2012
____________________________
Appeal is allowed. The sentence of reparation is quashed.
20 December 2012
Media Releases
- MR [2012 ] NZSC 119 (PDF, 62 KB)
Transcript
Elias CJ, McGrath, William Young, Chambers, Glazebrook J.
Case name
Philip James Whitley v The Queen
Case number
SC 12/2010
Summary
Criminal Appeal – Whether the Court of Appeal erred in upholding the decision of the District Court ordering a judge only trial under s 361D of the Crimes Act 1961; whether the denial of a jury trial was a justifiable limitation on the right to a jury under s 24(e) of the New Zealand Bill of Rights Act 1990.[2009] NZCA 623 CA 530/2008 22 December 2009
Leave judgment - leave dismissed
WHITLEY v R SC 12/2010 [18 March 2010] (PDF, 15 KB)
Dates
Application for leave to appeal dismissed.
18 March 2010.
Case name
Kimberly Birkenfeld v Anthony Bruce Kendall and Yachting New Zealand Incorporated
Case number
SC 17/2010
Summary
Civil Appeal – Whether the High Court (Access to Court Documents) Amendment Rules 2009 and the Court of Appeal (Access to Court Documents) Rules 2009 are valid; whether the application of those Rules had a prejudicial effect on the preparation of the appellant’s case. [2009] NZCA 619 CA 793/2009
Leave judgment - leave dismissed
Dates
Application for leave to appeal dismissed. No order for costs.
21 April 2010.
Case name
James Louis Mason v The Queen
Case number
SC 47/2010
Summary
Criminal Appeal – whether the Court of Appeal erred in combining two allegations of criminal conduct to be included in a single count in the indictment.[2010] NZCA 170 CA 481/2009 5 May 2010
Result
The application for leave to appeal is granted. The approved ground of appeal is whether the combining in a single count in the indictment of the two allegations (punching the child and pulling his ear) resulted in a miscarriage of justice.
7 July 2010
___________________________
Appeal allowed and the conviction is quashed. No order for a new trial.
3 November 2010
7 July 2010
___________________________
Appeal allowed and the conviction is quashed. No order for a new trial.
3 November 2010
Transcripts
- sc 47 2010 james louis mason v the queen (PDF, 100 KB)
Media Releases
Leave judgment - leave granted
MASON v R SC 47/2010 [7 July 2010] (PDF, 6 KB)
Substantive judgment
MASON v R SC 47/2010 [3 November 2010] (PDF, 66 KB)
Transcript
Hearing date : 19 October 2010
Elias CJ, Blanchard, Tipping, McGrath, Anderson JJ.
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