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
Transotway Limited v Iain Bruce Shephard and Christine Margaret Dunphy
Case number
SC 39/2005
Summary
Civil appeal - whether the Court of Appeal arred in concluding that the discharge of a debt by way of set-off through provision of a client list to the applicant was "a payment of money" in terms of s 292(1)(e) of the Companies Act 1993 - whether s 310 of the Companies Act which provides for set-off of mutual debts in liquidation was applicable - whether a substance based approach, which considers the transaction in the context of the agreement as a whole, was applied.
CA 98/04 13 June 2005
Result
Leave to appeal granted
31 August 2005
Leave judgment - leave granted
Substantive judgment
Judgment appealed from
Transcript
Case name
Allistair Patrick Brooker v The Queen
Case number
SC 40/2005
Summary
Appeal against conviction “ disorderly conduct - whether Court of Appeal applied the correct standard for "disorderly conduct" - s4(1)(a) Summary Offences Act “ right to protest. CA 441/03 24 August 2004
Result
Leave to appeal granted.
31 August 2005
___________________________
Appeal Allowed. Conviction set aside.
4 May 2007
31 August 2005
___________________________
Appeal Allowed. Conviction set aside.
4 May 2007
Transcripts
- Hearing date 7 December 2005 SC 40/2005 (PDF, 362 KB)
Media Releases
- MR [2007] NZSC 30 (PDF, 79 KB)
Leave judgment - leave granted
Substantive judgment
BROOKER V POLICE SC 40/2005 [4 May 2007] (PDF, 486 KB)
Judgment appealed from
Case name
Scott Simeon Thompson v The Queen
Case number
SC 42/2005
Summary
Criminal appeal - appeal against decision of the Court of Appeal - whether the Court erred in dismissing a claim of miscarriage of justice by reason of the complainant’s conduct. CA 445/04 16 June 2005
Result
Leave to appeal granted. 22 September 2005
Media Releases
- mrt (PDF, 79 KB)
Leave judgment - leave granted
Substantive judgment
THOMPSON V R SC 42/2005 [15 February 2006] (PDF, 92 KB)
Transcript
Case name
L v The Queen
Case number
SC 49/2005
Summary
Criminal appeal against conviction - appellant convicted of sexual violation and attempted sexual violation - whether the Court of Appeal erred in finding that the trial Judge did not misdirect the jury - whether the Court of Appeal erred in finding the verdicts were capable of being supported by the evidence – whether the Court of Appeal erred in the standard required for an attempt.
CA 115/05 18 July 2005
Result
Leave to appeal granted
7 October 2005
Leave judgment - leave granted
Judgment appealed from
Transcript
Case name
Alain Michael Mafart and Dominique Angela Francoise Prieur v Television New Zealand Limited
Case number
SC 50/2005
Summary
Leave to search, inspect and copy criminal records held by the High Court - videotape of Rainbow Warrior proceedings - jurisdiction of Court of Appeal - whether application for leave to search is civil or criminal - whether Court of Appeal jurisdiction precluded by the Judicature Act 1908, s 66. CA 92/05 4 August 2005
Result
Leave to appeal granted 21 September 2005
Leave judgment - leave granted
Transcript
Judgment appealed from
Case name
Klaus Löwer v Gary Traveller and John Anthony Waller
Case number
SC 51/2005
Summary
Company Law - whether the respondents had an accrued cause of action for reckless trading giving them an "existing right" under s320(1)(b) of the Companies Act - whether the applicant was in breach of s320(1)(b) Companies Act 1955 - whether the Court of Appeal erred in its application of ss17-19 Interpretation Act 1999 .
CA 36/04 26 July 2005
Result
Leave to appeal granted.
2 December 2005
Leave judgment - leave granted
Transcript
Judgment appealed from
Case name
Wholesale Distributors Limited v Gibbons Holdings Limited
Case number
SC 53/2005
Summary
Construction of lease documents and whether the Court of Appeal erred in finding that the appellant was bound to meet the contractual obligations of the sub-lessee under the deed of assignment of lease -“ whether the Court of Appeal erred in focusing on the purpose of the parties - “ legal effect of provisions used to avoid the grant of a sub-lease which operates as an assignment of the headlease.CA 102/04 28 July 2005
Result
Leave to appeal granted
1 December 2005
___________________________
The appeal is dismissed.
The appellant is to pay the respondent costs of $15,000 together with its reasonable disbursements to be fixed if necessary by the Registrar.
30 May 2007
1 December 2005
___________________________
The appeal is dismissed.
The appellant is to pay the respondent costs of $15,000 together with its reasonable disbursements to be fixed if necessary by the Registrar.
30 May 2007
Leave judgment - leave granted
Substantive judgment
Judgment appealed from
Case name
Telecom Mobile Limited v Commerce Commission
Case number
SC 57/2005
Summary
Cellphone marketing - whether the applicant's contractual arrangements are subject to the Door to Door Sales Act - whether the applicant's contractual arrangements had the purpose or effect of preventing the operation of the Act by hiding from consumers the reality as to their true rights of cancellation - summary judgment given by Court of Appeal. CA148/04 25 August 2005
Result
Leave to appeal granted. 23 November 2005
Substantive judgment
Transcript
Judgment appealed from
Case name
Paul Rodney Hansen v The Queen
Case number
SC 58/2005
Summary
Criminal appeal against conviction - possession of cannabis for supply - burden on accused to rebut presumption of possession for supply - whether accused must rebut presumption on the balance of probabilities or merely raise a reasonable doubt - Misuse of Drugs Act 1975, s 6(6).
Result
Leave to appeal granted.
24 November 2005
___________________________________
Appeal dismissed.
20 February 2007
24 November 2005
___________________________________
Appeal dismissed.
20 February 2007
Media Releases
- MR [2007] NZSC 74 (PDF, 142 KB)
Leave judgment - leave granted
HANSEN v R SC 58/2005 [24 November 2005] (PDF, 14 KB)
Substantive judgment
HANSEN v R SC 58/2005 [20 February 2007] (PDF, 571 KB)
Transcript
Hearing date : 22 February 2006
Elias CJ, Blanchard, Tipping, McGrath and Anderson JJ.
Case name
Donald Eugene Allen v The Commissioner of Inland Revenue
Case number
SC 60/2005
Summary
Civil appeal - whether the Court of Appeal erred in their interpretation of ss 138B and 89D of the Tax Administration Act 1994 (˜the Act"), which regulate the process which a taxpayer is required to follow if he or she wishes to challenge a default assessment made by a Commissioner under s 106 of the Act - whether the Court was in error in concluding that the Taxation Review Authority had power to strike out the challenge under s 138H of the Act. CA 204/04 8 September 2005
Result
Leave to appeal granted. 8 December 2005
Transcripts
- Hearing date 28 February 2006 (PDF, 339 KB)
Leave judgment - leave granted
Judgment appealed from
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