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.

20 March 2026

Case information summary 2025 (as at 20 March 2026) –  Cases where leave granted (PDF, 88 KB)
Case information summary 2025 (as at 20 March 2026)  – Cases where leave to appeal decision not yet made (PDF, 123 KB) 

All years

Case name
Malcolm Edward Rabson v Linda Gallagher, Malcolm Edward Rabson as Trustee of the Malcolm Rabson Family Trust and Wayne Seymour Chapman as Trustee of the Gallagher-Rabson Family Trust
Case number
SC 3/2017
Summary
Civil Appeal – Whether the Court of Appeal was correct to decline the application for clarification of the orders in Rabson v Gallagher [2011] NZCA 669.
Result
A The application for leave to appeal is dismissed.
B The applicant must pay costs of $2,500 to each of the first and third respondents. 5 April 2017 ________________ The application for recall is dismissed. 4 May 2017
Recall judgment
MALCOLM EDWARD RABSON v LINDA GALLAGHER [2017] NZSC 63    4 May 2017 (PDF, 69 KB)
Leave judgment - leave dismissed
MALCOLM EDWARD RABSON v LINDA GALLAGHER [2017] NZSC 44    5 April 2017 (PDF, 93 KB)
CA judgment
MALCOLM EDWARD RABSON AS TRUSTEE OF THE MALCOLM RABSON FAMILY TRUST V LINDA   GALLAGHER COA CA507/2010   20 December 2011
Judgment appealed from

RABSON AS TRUSTEE OF THE MALCOLM RABSON FAMILIY TRUST v GALLAGHER [2016] NZCA 584    6 December 2016
Case name
Malcolm Edward Rabson v Wayne Seymour Chapman
Case number
SC 18/2016
Summary
Civil Appeal – Whether the Court of Appeal erred in ordering costs against the applicant. [2016] NZCA 45  CA 855/2012
Result
A   The application for leave to appeal is dismissed.               
B   The applicant must pay the respondent costs of $2,500.
29 April 2016
Leave judgment - leave dismissed
MALCOLM EDWARD RABSON v WAYNE SEYMOUR CHAPMAN [2016] NZSC 45   29 April 2016 (PDF, 75 KB)
Recall judgment
MALCOLM EDWARD RABSON v WAYNE SEYMOUR CHAPMAN [2016] NZSC 77 [24 June 2016] (PDF, 64 KB)
High Court decision
CHAPMAN v RABSON HC WN CIV 2012-485-2107     10 December 2012
Judgment appealed from

RABSON V CHAPMAN [2016] NZCA 45    4 March 2016

CA judgment

RABSON v CHAPMAN CA855/2012 [2014] NZCA 158    29 April 2014
Case name
Malcolm Edward Rabson v Wayne Seymour Chapman
Case number
SC 135/2015
Summary
Civil Appeal – Whether the Court of Appeal erred in failing to recall its earlier judgment.[2014] NZCA 158   CA 855/2012
Result
The application for leave to appeal is dismissed. 23 February 2016
Leave judgment - leave dismissed
MALCOLM EDWARD RABSON v WAYNE SEYMOUR CHAPMAN [2016] NZSC 14   23 February 2016 (PDF, 67 KB)
Judgment appealed from 
Case name
Malcolm Edward Rabson v Wayne Seymour Chapman
Case number
SC 52/2014
Summary
Civil Appeal – Court of Appeal (Civil) Rules 2005 – Whether the Court of Appeal erred in awarding costs to the respondent¬.  [2014] NZCA 158   CA 855/2012
Result
The application for leave to appeal is dismissed. Costs of $2,500 are awarded to the respondent.
15 August 2014
___________________________________________
The application for recall is dismissed.
25 February 2016
Supreme court decision
MALCOLM EDWARD RABSON v WAYNE SEYMOUR CHAPMAN [2014] NZSC 90 [14 July 2014] (PDF, 51 KB)
Leave judgment - leave dismissed
MALCOLM EDWARD RABSON v WAYNE SEYMOUR CHAPMAN [2014] NZSC 112 [15 August 2014] (PDF, 57 KB)
Recall judgment
MALCOLM EDWARD RABSON v WAYNE SEYMOUR CHAPMAN [2016] NZSC 17 [25 February 2016] (PDF, 65 KB)
Judgment appealed from

RABSON v CHAPMAN CA855/2012 [2014] NZCA 158     29 April 2014
Case name
Malcolm Edward Rabson v Wayne Seymour Chapman
Case number
SC 22/2013
Summary
Civil Appeal – Court of Appeal (Civil) Rules 2005, r 35(6) – Judicature Act 1908, s 61A(2) and s 61A(3) – Security for costs – whether the Court of Appeal erred in upholding the registrar’s decision not to dispense with security for costs – whether the Court of Appeal erred in not reviewing the decision made by a single judge in that Court.[2013] NZCA 5  CA 855/2012
Dates

Application for leave to appeal dismissed.
2 July 2013.
Case name
C  v The Queen
Case number
SC 74/2013
Summary
Criminal appeal – Pre-trial application – Blackmail, assault, assault with intent to injure – Whether trial Judge correctly concluded that text messages were not unlawfully interception – Crimes Act 1961, s 216B – Whether text messages could be lawfully obtained through a production order – Search and Surveillance Act 2012, ss 71¬–72 – Admissibility of text messages at trial – Evidence Act 2006, s 30.[2013] NZHC 1900     CRI 2012 009 11872
Leave judgment - leave dismissed
CHAPMAN v R [2013] NZSC 83 [23 August 2013] (PDF, 49 KB)
Dates

The application for leave to appeal is dismissed.

23 August 2013
Case name
Jane Chapman Siemer v Kate Fardell as executrix of the estate of John  Robert Fortesque Fardell
Case number
SC 7/2011
Summary
Civil – Pre-trial security for costs – Appeal against a Court of Appeal decision refusing to dispense with security for costs in an appeal before that Court – Whether the procedure adopted by the Court lacked procedural fairness – Whether the Court properly exercised discretion – Whether the Court’s ruling wrong on the merits – Section 27 of the New Zealand Bill of Rights Act 1990 – Whether right to justice at trial court level violated.   [2010] NZCA 586  CA 450/2010   3 December  2010
Leave judgment - leave dismissed
SIEMER v FARDELL SC 7/2011 [31 March 2011] (PDF, 48 KB)
Dates

Application for leave to appeal dismissed, with costs of $2,500 to the respondent.

31 March 2011.
Case name
The Attorney-General of New Zealand v Mervyn Chapman
Case number
SC 120/2009
Summary
Civil – Crown liability for judicial breaches of the New Zealand Bill of Rights Act 1990 – Whether the Court of Appeal erred in law by holding that the Attorney-General is the correct defendant in an action alleging breaches of the New Zealand Bill of Rights Act 1990 by a Registrar and judges of the Court of Appeal – If not, whether the Court of Appeal erred in law by holding that the Attorney-General is not entitled to the same immunities as the person who committed the alleged breaches.[2009] NZCA 552 CA 245/2008  25 November 2009
Result
Application for leave to appeal granted. The approved ground is whether Bill of Rights damages can be ordered against the Attorney-General on behalf of the Crown for breach of fair trial rights by judicial conduct in respect of which the judicial officer is immune from liability. 
31 March 2010
Transcripts
Media Releases
Leave judgment - leave granted
THE ATTORNEY-GENERAL OF NEW ZEALAND v CHAPMAN SC 120/2009 [31 March 2010] (PDF, 10 KB)
Substantive judgment
ATTORNEY-GENERAL v CHAPMAN SC 120/2009 [16 September 2011] (PDF, 591 KB)