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
Elders New Zealand Limited v PGG Wrightson Lmited
Case number
SC 7/2008
Summary
Civil – Contract Law – Whether the Court of Appeal erred in holding that an amalgamation approved under Part 15 of the Companies Act 1993 has the legal consequences provided for in s 219 of that Act – Whether an amalgamating company is entitled to “pick and choose” between Part 13 and Part 15 of the Companies Act 1993 – Whether the terms of the amalgamation order created the effect prescribed in Part 13 even though the order was made pursuant to Part 15 – Whether the applicant was bound by the Part 15 order although the order did not state that the applicant was bound.[2007] NZCA 596 CA 277/06 21 December 2007
Result
Application for leave to appeal granted.
18 April 2008
_______________________
Appeal dismissed.Costs to respondent $15,000, together with reasonable disbursements.
5 December 2008
18 April 2008
_______________________
Appeal dismissed.Costs to respondent $15,000, together with reasonable disbursements.
5 December 2008
Media Releases
- sc 7 elders nz ltd v pggwrightson ltd press release (PDF, 89 KB)
Leave judgment - leave granted
Substantive judgment
Transcript
Case name
Ngai Tahu Properties Limited v Central Plains Water Trust and Canterbury Regional Council
Case number
SC 15/2008
Summary
Civil – Resource Management Act 1991 (RMA) – competing resource consent applications to take (and use) water from a finite natural resource – whether the Court of Appeal majority assessed the priority of claims correctly – whether the “ready for notification” test should apply in such cases – how a consent authority decision not to proceed with notification under s 91 RMA should affect priority of claims.[2008] NZCA 71 CA69/07 19 March 2008
Result
Application for leave to appeal granted. 24 June 2008
_________________
Interim decision released
26 March 2009
______________
Notice of Abandonment being lodged the appeal is deemed to be dismissed.
2 June 2009
_________________
Interim decision released
26 March 2009
______________
Notice of Abandonment being lodged the appeal is deemed to be dismissed.
2 June 2009
Leave judgment - leave granted
Additional document
Transcript
Case name
Mark Moncrieff Stevens and others v Premium Real Estate Limited
Case number
SC 23/2008
Summary
Civil Appeal – Breach of fiduciary duty and Fair Trading Act 1986 – Damages – Advertising and sale of residential property where absence full disclosure by agent to principal of close, ongoing commercial relationship with purchaser – Whether Court of Appeal erred in quantification of damages assessment, including whether correct measure of loss includes profit made by third party (rather than fiduciary) as result of breach of fiduciary duty.[2008] NZCA 82 CA 31/07 11 April 2008
Result
Leave to appeal and cross appeal granted.
29 July 2008
________________________
The appellants’ appeal is allowed.The respondent’s appeal is dismissed. The respondent is ordered to pay the appellants damages of $659,813 and to repay to them the commission of $67,050. The judgment sums will bear interest at 7% per annum from 16 July 2004 (the date of settlement).The appellants are awarded costs in this Court of $15,000 and costs in the Court of Appeal of $6,000, together in each case with their reasonable disbursements as fixed by the respective Registrars if not otherwise agreed between the parties.
6 March 2009
29 July 2008
________________________
The appellants’ appeal is allowed.The respondent’s appeal is dismissed. The respondent is ordered to pay the appellants damages of $659,813 and to repay to them the commission of $67,050. The judgment sums will bear interest at 7% per annum from 16 July 2004 (the date of settlement).The appellants are awarded costs in this Court of $15,000 and costs in the Court of Appeal of $6,000, together in each case with their reasonable disbursements as fixed by the respective Registrars if not otherwise agreed between the parties.
6 March 2009
Transcripts
- Hearing date 13 November 2008 (PDF, 254 KB)
Media Releases
- media release (PDF, 89 KB)
Leave judgment - leave granted
Substantive judgment
Recall judgment
Case name
I A Campbell, J Hughes and S C Biss v Craggy Range Vineyard Limited
Case number
SC 26/2008
Summary
Civil Appeal – contract interpretation – agreement for sale and purchase of land - whether the respondent could rely on post-contractual events when interpreting contract – whether a grant of a second water right to the respondent gave rise to a separate liability for payment given the grant was obtained after the respondent had declared the clause relating to water rights to be satisfied.[2008] NZCA 96 CA 254/07 CA 462/07 24 April 2008
Dates
Notice of abandonment being lodged, the application for leave to appeal is deemed to be dismissed.
Case name
Alisdair Bruce Aylwin v New Zealand Police
Case number
SC 33/2008
Summary
Criminal – appeal by way of case stated – whether, on a charge of driving with excess breath alcohol, evidence must be given by the prosecution as to the manner in which the breath screening and/or evidential breath tests were carried out – whether the principle of omnia praesumuntur operates to place an evidentiary burden on the defence to raise this question.[2008] NZCA 154 CA 227/07 6 June 2008
Result
Application for leave to appeal granted.
29 July 2008
__________________________
Appeal dismissed.
19 December 2008
29 July 2008
__________________________
Appeal dismissed.
19 December 2008
Transcripts
- Hearing date 2 December 2008 (PDF, 186 KB)
Media Releases
- sc 33 2008 aylwin v new zealandpolice (PDF, 87 KB)
Leave judgment - leave granted
AYLWIN v R SC 33/2008 [29 July 2008] (PDF, 14 KB)
Substantive judgment
Case name
New Zealand Recreational Fishing Council and New Zealand Big Game Fishing Council Inc v Sanford Limited, Sealord Limited and others
Case number
SC 40/2008
Summary
Civil appeal – Fisheries Act 1996 – statutory interpretation issues arising from review of Minister of Fisheries’ exercise of statutory power to fix the Total Allowable Catch (TAC) and Total Allowable Commercial Catch (TACC) – interpretation of the relationship between s 8 (providing that purpose of Act is to provide for utilisation of fisheries resources while ensuring sustainability) and s 21 (providing for matters which the Minister must take into account in setting the Total Allowable Catch) – specifically, whether the TAC and TACC decisions can be characterised as sustainability and utilisation decisions respectively – whether a “global approach” should be taken to the purpose provision whereby it is a guide to government policy that decision-makers are to bear in mind generally, or whether the provision contains mandatory relevant considerations to be taken into account in relation to individual decisions – how the purpose of enabling people to “provide for their social, economic and cultural wellbeing” in s 8(2) is to be interpreted – whether the common law right to fish extends to commercial fishers.[2008] NZCA 160 CA 163/07 11 June 2008
Result
Application for leave to appeal granted.
2 October 2008
__________________________________
Appeal dismissed. No order as to costs.
28 May 2009
2 October 2008
__________________________________
Appeal dismissed. No order as to costs.
28 May 2009
Media Releases
- big game fishing press release (PDF, 90 KB)
Leave judgment - leave granted
Substantive judgment
Transcription
Case name
Michael Spackman v The Queenstown Lakes District Council and others
Case number
SC 48/2008
Summary
Civil resource management applicant sought judicial review of Councils decision to grant resource consent for neighbouring subdivision into four lots error conceded at trial relief granted in the form of revoked approval for one lot and restriction on consent notice for another applicant appealed form of relief Whether the Court of Appeal erred in making allegedly contradictory findings and relying on those findings when deciding whether to grant relief in favour of the applicant whether the Court of Appeal erred when deciding that various discretionary factors overcame the applicant's right to be heard again in respect of the whole subdivision application for leave to appeal out of time[2008] NZCA 234 CA 193/07 11 July 2008
Leave judgment - leave dismissed
Dates
Application for leave to appeal dismissed.
Costs of $2000 to both the first and second respondents.
24 October 2008
Case name
Roderick William Nielsen v Dysart Timbers Limited
Case number
SC 54/2008
Summary
Civil – Costs – whether the Court of Appeal correctly applied an objective test to the issue of whether the appellant intended a settlement offer to remain open for acceptance after the Supreme Court had granted leave to appeal.[2008] NZCA 280 CA 630/07 6 August 2008
Result
Application for leave to appeal granted.
28 October 2008
___________________________
Appeal dismissed. Costs to respondent $15,000 and reasonable disbursements.
15 May 2009
28 October 2008
___________________________
Appeal dismissed. Costs to respondent $15,000 and reasonable disbursements.
15 May 2009
Media Releases
- media release nielsen v dysart (PDF, 89 KB)
Leave judgment - leave granted
Substantive judgment
Transcript
Case name
Tiny Intelligence Limited v Resport Limited
Case number
SC 55/2008
Summary
Civil appeal – Copyright Act 1994 – damages – the High Court found that Resport Ltd fragrantly breached the copyright of Tiny Intelligence Ltd in several toys and awarded Tiny Intelligence Ltd $50,000 by way of account of profits – whether additional damages are available under s 121(2) of the Copyright Act where the Court has awarded an account of profits – whether the House of Lords decision of Redrow Homes Ltd v Bett Brothers Plc [1999] 1 AC 197 should be applied to the New Zealand Copyright Act.[2008] NZCA 281 CA 270/2006
Result
Application for leave to appeal granted.
21 October 2008
_________________________
Appeal dismissed. Cost to the respondent $15,000 together with reasonable disbursements.
8 April 2009
21 October 2008
_________________________
Appeal dismissed. Cost to the respondent $15,000 together with reasonable disbursements.
8 April 2009
Media Releases
Leave judgment - leave granted
Substantive judgment
Transcript
Case name
Christopher James Fullbeck Mosley v The Queen
Case number
SC 58/2008
Summary
Criminal appeal – trial took place with ten jurors – whether the Court of Appeal erred in confirming that there were “exceptional circumstances relating to the trial” which justified continuing with ten jurors under s 374 Crimes Act 1961 – whether the Court of Appeal was wrong to conclude that s 374(8) excluded a right to review the trial Judge’ s decision to discharge the 12th and 11th jurors.[2008] NZCA 319 CA 612/2007 25 August 2008
Leave judgment - leave dismissed
MOSLEY v R SC 58/2008 [17 November 2008] (PDF, 17 KB)
Dates
Application for leave to appeal dismissed.
17 November 2008.
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