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
Robert John Erwood v Janet Maxted and others and The Official Assignee
Case number
SC 21/2009
Summary
Civil Appeal – stay of advertising of bankruptcy.[2009] NZCA  CA 545 /2008 17 February 2009
Result
Application for leave to appeal dismissed.
27 February 2009
Leave judgment - leave dismissed
Case name
Leroy John Barr v New Zealand Police
Case number
SC 34/2009
Summary
Criminal appeal – whether jurisdiction to order the payment of medical expenses incurred by the Police in administering a blood test against persons convicted of driving with excess blood alcohol. [2009] NZCA 124    CA  700/2008
Result
Application for leave to appeal granted.
16 June 2009
______________________
Appeal allowed. The order for payment of medical expenses of $102.60 is set aside.  Insubstitution, the appellant is ordered to pay $93 towards medical expenses.
21 October 2009
Media Releases
Leave judgment - leave granted
Substantive judgment
Transcript

Hearing date : 8 October 2009

Blanchard. Tipping, McGrath, Wilson, and Anderson JJ

Case name
John Kenneth Slavich v The Queen
Case number
SC 52/2009
Summary
Criminal – Appeal against conviction – Fraud – Summary Proceedings Act 1957 – Judicature Act 1908 – Parallel application for leave to appeal – Whether miscarriage of justice established – Whether evidence wrongly admitted – Whether trial counsel’s conduct inappropriate.CRI 2006–419–89  12 October 2009
Result
Application for leave to appeal dismissed.
10 August 2009.
_______________________
The recall application is dismissed.
15 March 2016
______________________________________
The application for recall of this Court’s judgment of
16 April 2020 (Slavich v R [2020] NZSC 34) is dismissed.
21 June 2024
Leave judgment - leave dismissed
Recall judgment
Supreme court decision
Recall judgment
Case name
John Kenneth Slavich v The Queen
Case number
SC 53/2009
Summary
Criminal – Appeal against conviction – Fraud – Admissibility of Evidence – Judicature Act 1908 – Whether miscarriage of justice established by way of Court of Appeal’s alleged failure to consider all points raised on appeal – Whether evidence wrongly admitted – Whether Court of Appeal exceeded its jurisdiction in its evaluation of the evidence.[2009] NZCA  188 CA 461/2007    15 May 2008
Result
Application for leave to appeal dismissed.
10 August 2009
_________________________
The recall application is dismissed.
15 March 2016
_____________________________
The application for recall of this Court’s judgment of
16 April 2020 (Slavich v R [2020] NZSC 34) is dismissed.
21 June 2024
Recall judgment
Recall judgment
Leave judgment - leave dismissed
Supreme court decision
Case name
John Carr Laidlaw and Carol Anne Laidlaw v Geoffret Francis Parsonage and Timothy John Goulding
Case number
SC 67/2009
Summary
Civil appeal – contract law - Whether a nominee is entitled to enforce a contract; Whether the phrase "or nominee" is a sufficient designation for purposes of s 4 of the Contracts (Privity) Act 1982.[2009] NZCA 291     CA 304 /2008    9 July 2009
Result
Application for leave to appeal dismissed. Costs $2,500 to the respondents. 21 September 2009
Case name
Red Eagle Corporation Limited v Richard John Otley Ellis
Case number
SC 72/2009
Summary
Civil appeal – whether the respondent is liable under s 9 of the Fair Trading Act 1986 for passing on information about a third party which induced the appellant to enter into a contact with that third party[2009]  NZCA  320  CA 713/2008   24 July 2009
Result
Application for leave to appeal granted.
7 October 2009
____________________
Appeal allowed and the judgment of the High Court is restored. Costs $15,000 plus reasonable disbursements in this Court. Order for costs in the Court of Appeal is reversed. HighCourt  to fix costs that that has not already been done.
12 March 2010
Media Releases
 Transcript

Hearing date : 10 February 2010

Elias CJ, Blanchard, McGrath, Wilson, Anderson JJ.

Case name
Chesterfields Preschools Limited, David John Hampton and others v The Commissioner of Inland Revenue
Case number
SC 90/2009
Summary
Civil – GST Act 1995 - Costs awards – Whether the Court of Appeal erred in allowing the appeals of the Commissioner for a stay of payment of costs awards in favour of the applicant.[2009] NZCA 373 CA 607/2008   25 August 2009
Result
Application for leave to appeal dismissed. Costs $3,000 plus disbursements to the respondent. 8 December 2009
Case name
Matthew John Birchler v New Zealand Police
Case number
SC 116/2009
Summary
Criminal – appeal directly from the High Court under s 144A(1)(a) of the Summary Proceedings Act 1957 – intended appeal against the determination of the High Court by way of case stated under s 107 of the Summary Proceedings Act – whether direct appeal to the Supreme Court appropriate given that the Court of Appeal has previously refused leave to appeal on this point on the basis that there were no grounds for challenge to the well established interpretation of s 108 of the Summary Proceedings Act in Davis v Mingins (HC, Rot, AP 48/91, 30/10/91, Fisher J). CRI 2009 485 83  25 November 2009
Result

Application for leave to appeal granted.

18 March 2010

_____________________________

Appeal allowed. Order made in the High Court remitting the matter for consideration in the District Court is quashed.

Reasons to be given later.

Case name
Johnathan Brian Irvine and others v John Douglas Wilson and others
Case number
SC 117/2009
Summary
Civil appeal – trusts and trustees – whether second and third appellants, when signing as trustees, can be personally liable under the Trust Deed – whether there was a breach of the Shareholders Agreement due to the failure to get Special Resolutions for significant borrowings and costs as required by the Business Plan specified in the Shareholders Agreement – whether there was a breach of the major transaction requirements of the Companies Act 1993 – additionally, estoppel argument raised for the first time in the Court of Appeal – whether the Court of Appeal erred in failing to provide the appellants the opportunity to consider or provide evidence in opposition to this point.[2009] NZCA 569 CA  232/2009    7 December 2009
Leave judgment - leave dismissed
Dates

Application for leave to appeal dismissed. Costs $2,500 to respondents.                                                

18 March 2010

Case name
Douglas John Williamson and John Blackwood Williamson v Selwyn District Council
Case number
SC 118/2009
Summary
Civil Appeal – security for costs – strike-out – summary judgment – Appeal against strike-out by Court of Appeal – appellants’ failure to pay security for costs – Appeal against application in High Court by Selwyn District Council (SDC) to recover possession of land – Appellants refused to vacate land on expiry of 3-year lease agreement as part of sale and purchase agreement of land to SDC – Whether sale and purchase agreement and lease void because SDC exerted duress/undue influence or obtained unconscionable bargain in abuse of dominant bargaining position, or acted in breach of Local Government Act 1974 – Whether the SDC breached Resource Management Act 1991 in obtaining non-notified resource consent – Whether lawyers acted in conflict of interest between appellants and SDC councillor and breached fiduciary duty – Whether appellants waived conflict of interest with informed consent.[2008] NZCA 147    CA  662/2007    5 June 2008
Result
Application for leave to appeal dismissed. 23 February 2010