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.
31 July 2026
Case information summary (as at 31 July 2026) – Cases where leave granted (PDF, 87 KB)
Case information summary (as at 31 July 2026) – Cases where leave to appeal decision not yet made (PDF, 131 KB)
All years
Case name
James John Duncan Macfarlane v Perpetual Trust Limited
Case number
SC 80/2018
Summary
Civil Appeal – Whether the Court of Appeal erred in upholding the High Court’s decision to remove a caveat over a property and grant vacant possession.
Result
A The application for leave to appeal is dismissed.
B Costs of $2,500 are awarded to the respondent
14 November 2018
B Costs of $2,500 are awarded to the respondent
14 November 2018
High Court decision
Court of Appeal decision
Leave judgment - leave dismissed
Case name
Robt Jones Holdings Limited v Anthony John McCullagh and Stephen Mark Lawrence liquidators of Northern Crest Investments Limited
Case number
SC 87/2018
Summary
Civil Appeal – Companies Act 1993, s 292 – Whether the Court of Appeal erred in finding that there is no requirement in s 292 that a voidable transaction diminish the pool of assets available to creditors.
Result
A Leave to appeal is granted (Robt Jones Holdings Ltd v McCullagh [2018] NZCA 358).
B The approved question is whether the payments totalling $262,758.05 made to the applicant by MSH No 2 Pty Ltd on behalf of Northern Crest Investments Ltd were insolvent transactions as defined in s 292 of the Companies Act 1993.
6 December 2018
___________________________
A The appeal is dismissed.
B The appellant must pay the respondents costs of $25,000 plus usual disbursements.
9 August 2019
B The approved question is whether the payments totalling $262,758.05 made to the applicant by MSH No 2 Pty Ltd on behalf of Northern Crest Investments Ltd were insolvent transactions as defined in s 292 of the Companies Act 1993.
6 December 2018
___________________________
A The appeal is dismissed.
B The appellant must pay the respondents costs of $25,000 plus usual disbursements.
9 August 2019
Transcripts
- Hearing date 30 April 2019 (PDF, 353 KB)
Media Releases
- MR [2019] NZSC 86 (PDF, 63 KB)
High Court decision
Court of Appeal decision
Leave judgment - leave granted
Substantive judgment
Case name
Dermot Gregory Nottingham v Maltese Cat Limited, Clyde Maclean and Elizabeth Currie
Case number
SC 90/2018
Summary
Civil Appeal – Whether the Court of Appeal erred in declining to grant an extension of time to file the case on appeal under rule 43 of the Court of Appeal (Civil) Rules 2005
Result
A The application for leave to appeal is dismissed.
B There is no order as to costs.
22 August 2019
B There is no order as to costs.
22 August 2019
High Court decision
High Court decision
Court of Appeal decision
Leave judgment - leave dismissed
Transcript
Case name
Allan John Titford v The Queen
Case number
SC 104/2018
Summary
Criminal Appeal – Whether the Court of Appeal erred in dismissing the applicant’s appeal against conviction – Whether an extension of time to bring an application for leave to appeal should be granted.
Result
The application for an extension of time to file an application for leave to appeal is dismissed
5 March 2019
5 March 2019
Court of Appeal decision
Not publicly available
Leave judgment - leave dismissed
ALLAN JOHN TITFORD v R [2019] NZSC 22 [5 March 2019] (PDF, 50 KB)
High Court/District Court judgment
not publicly available
Case name
Christian John Gillibrand and Mary Caecilia Gillibrand (as trustees of The Chris and Mary Gillibrand family trust) v George Peter Swanepoel
Case number
SC 106/2018
Summary
Civil Appeal – Whether the Court of Appeal erred in dismissing the appeal against the admissibility of evidence under s 25 of the Evidence Act 2006.
Result
A The application for leave to appeal is dismissed.
B Costs of $2,500 are awarded to the respondent.
21 February 2019
B Costs of $2,500 are awarded to the respondent.
21 February 2019
High Court decision
Court of Appeal decision
Leave judgment - leave dismissed
Case name
George Robert Jolley v The King
Case number
SC 109/2018
Summary
Criminal Appeal – Whether the jury vetting process and other irregularities in the trial resulted in a miscarriage of justice.
Result
The application for leave to appeal is dismissed.
1 April 2019
_________________________________________
The application for recall of this Court’s judgment of 1 April 2019 (Jolley v R [2019] NZSC 34) is dismissed.
19 December 2022
1 April 2019
_________________________________________
The application for recall of this Court’s judgment of 1 April 2019 (Jolley v R [2019] NZSC 34) is dismissed.
19 December 2022
Date of hearing
01 November 2022
Judges
Winkelman CJ, Glazebrook, O'Regan, Ellen France and Kós JJ
Transcripts
- Hearing date 1 November 2022 Transcript (PDF, 303 KB)
High Court decision
Court of Appeal decision
Leave judgment - leave dismissed
Recall judgment
Case name
John Gary Davidoff v The Queen
Case number
SC 112/2018
Summary
Criminal Appeal – Whether the Court of Appeal erred in dismissing the applicant’s appeal against conviction.
Result
A The application for an extension of time to appeal is granted.
B The application for leave to appeal is dismissed.
20 March 2019
B The application for leave to appeal is dismissed.
20 March 2019
District Court decision
Not publicly available
Court of Appeal decision
Leave judgment - leave dismissed
Case name
Lodge Real Estate Limited, Monarch Real Estate Limited, Brian King and Jeremy O'Rourke v Commerce Commission
Case number
SC 116/2018
Summary
Civil Appeal – Commerce Act 1986, s 30 – Whether there must be a moral obligation for the purposes of price fixing – Whether there was an agreement to vendor fund – Whether the Court of Appeal erred in allowing the respondent’s appeal against the High Court’s decision.
Result
A An extension of time to file the application for leave to appeal is granted.
B Leave to appeal is granted (Commerce Commission v Lodge Real Estate Ltd [2018] NZCA 523) on the question whether the Court of Appeal should have allowed the respondent’s appeal to that Court except as set out at C below.
C To the extent the application for leave seeks to argue that the respondent had not adequately pleaded and to appeal from the dismissal of the applicants’ cross appeal the application is dismissed.
19 March 2019
___________________
A The appeal is dismissed.
B The appellants must pay costs of $35,000 plus usual disbursements to the respondent.
2 April 2020
B Leave to appeal is granted (Commerce Commission v Lodge Real Estate Ltd [2018] NZCA 523) on the question whether the Court of Appeal should have allowed the respondent’s appeal to that Court except as set out at C below.
C To the extent the application for leave seeks to argue that the respondent had not adequately pleaded and to appeal from the dismissal of the applicants’ cross appeal the application is dismissed.
19 March 2019
___________________
A The appeal is dismissed.
B The appellants must pay costs of $35,000 plus usual disbursements to the respondent.
2 April 2020
Judges
Winkelmann CJ, Glazebrook, O'Regan, Ellen France and Williams JJ
Transcripts
- Hearing date 21-22 August 2019 (PDF, 839 KB)
Media Releases
- MR [2020] NZSC 25 (PDF, 68 KB)
High Court decision
Court of Appeal decision
Leave judgment - leave granted
Substantive judgment
Case name
Peter John Chambers v The Queen
Case number
SC 118/2018
Summary
Criminal Appeal – Whether the Court of Appeal erred by not admitting evidence under section 44 of the Evidence Act 2006.
Result
The applications for leave to appeal are dismissed.
22 February 2019
22 February 2019
District Court decision
Not publicly available
Court of Appeal decision
Leave judgment - leave dismissed
Case name
Clarence John Faloon v The Commissioner of Inland Revenue and The Official Assignee
Case number
SC 25/2017
Summary
Civil Appeal – Whether the Court of Appeal erred in declining the application for an extension of time for allocating a hearing date and filing the case on appeal.
Result
A The application for leave to appeal is dismissed.
B The applicant is to pay the first respondent costs of $2,500. 5 May 2017
B The applicant is to pay the first respondent costs of $2,500. 5 May 2017
High Court decision
Leave judgment - leave dismissed
Judgment appealed from
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