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
Philip Joseph Fava v Ekhlas Zaghloul and others
Case number
SC 5/2008
Summary
Civil appeal – Insolvency Act 1967 – High Court declined to approve a composition in satisfaction of debts due to creditors by a bankruptee on the grounds that the composition was not reasonable or calculated to benefit the general body of creditors under s 122(3)(b) - Court of Appeal upheld the decision under s 122(3)(b) and also on the basis that the composition was not expedient to be approved under s 122(3)(d) – whether Court of Appeal erred in failing to allow the appellant the opportunity to make written submissions on the issue of expediency – whether the decision based on expediency was wrong in law.[2007] NZCA 594 CA 568/07 21 December 2007
Dates
Application for leave to appeal dismissed.
7April 2008
Case name
Paul Joseph Cameron v The Queen
Case number
SC 30/2008
Summary
High Court Gisborne CRN 2006 016 00325Criminal appeal – Evidence Act 2006 ss 28, 29 and 30 – admissibility of “scenario evidence” (evidence obtained by an investigative technique whereby police invite a suspect to participate with an undercover police officer in a constructed event designed to simulate criminal activity) – applicant made statements to undercover police officer posing as gang leader that were admitted in Court against him – whether, under s 29(4)(d), a threat, promise or representation must only be taken into account in determining whether a statement was influenced by oppression if it were made by a person in authority – further, whether evidence should be excluded for unreliability or improperly being obtained under s 28 and s 30 respectively.
Leave judgment - leave dismissed
CAMERON v R SC 30/2008 [1 August 2008] (PDF, 14 KB)
Dates
Application for leave to appeal dismissed.
1 August 2008
Case name
Igor Alexandrovich Mikitasov v Bernard John Collins
Case number
SC 76/2008
Summary
Civil Appeal – extent of right of way for driveway to adjacent properties – whether respondent’s representations prior to the sale of 2 adjacent properties to the appellant included a representation that the right of way granted to one Lot could be used for access to the other– whether Court of Appeal had sufficient information to conclude that the respondent did not make such a representation – whether the uses of the two Lots owned by the appellant, the circumstances of their purchase and the convenience provided by the use of the right of way for both lots are sufficient to support a counterclaim for an interest in land – whether the principle in Wheeldon v Burrows (1879) 12 Ch D 31 of being ‘necessary for reasonable enjoyment’ applies– whether an injunction should have been granted in addition to a declaration – whether the respondent is estopped from strictly enforcing the terms of the right of way.[2008] NZCA 390 CA 211/2008 25 September 2008
Leave judgment - leave dismissed
MIKITASOV v COLLINS SC 76/2008 [4 February 2009] (PDF, 18 KB)
Dates
Application for leave to appeal dismissed.
4 February 2009
Case name
Colin Todd Parker v The Queen
Case number
SC 92/2007
Summary
Criminal – appeal against conviction of indecently assaulting a girl under 12 years – whether the Court of Appeal erred by holding that the fact the defence had not produced evidence of a motive for the complainant to give false evidence was relevant to the jury’s assessment of her credibility – whether the trial judge’s summing up conformed with R v T [1998] 2 NZLR 257 - whether R v T should represent the law in New Zealand insofar as it allows juries to regard a complainant’s evidence as more likely to be true where the defence has not offered any evidence for why the defendant might lie – whether R v T reverses the onus of proof in breach of sections 25(c) and (d) of the New Zealand Bill of Rights Act 1990. [2007] NZCA 534 CA 479/07 CA 572/07 CA 211/06 22 November 2007
Result
Application for leave to appeal dismissed. 15 April 2008
Leave judgment - leave dismissed
PARKER v R SC 92/2007 [15 April 2008] (PDF, 20 KB)
Case name
Jeffrey George Lopas and Lorraine Elizabeth McHerron v The Commissioner of Inland Revenue
Case number
SC 2/2006
Summary
Civil - tax - whether "the amount specified for the purposes of s 51(1)" in the Goods and Services Tax Act 1986, s 52(1) refers only to the monetary sum specified in s 51(1)(a) or to s 51(1) as a whole (including the exclusions in paras (c) and (d)) - whether the Commissioner of Inland Revenue can advance submissions contrary to propositions of law contained in the Commissioner's Statement of Position. CA 253/04 30 November 2005
Result
Application for leave to appeal dismissed. Costs to respondent $1,500.00.
2 August 2006
2 August 2006
Court of Appeal decision
Leave judgment - leave dismissed
Case name
Wynston Alexander Cecil Chirnside & Rattray Properties Limited v Richard Elmore Fay
Case number
SC CIV 7/2004
Summary
Civil appeal – commercial relationship for the purposes of property development – whether this gave rise to a joint venture of a commercial kind – whether a fiduciary relationship can arise where parties are negotiating towards a joint venture – whether in this case the parties owed fiduciary obligations to each other.
Result
A. The appeal and cross-appeal are each allowed in part.
B. The damages and interest awards made by the Court of Appeal are set aside.
C. The judgment entered for Mr Fay against Mr Chirnside in the High Court is varied from $495,000 to $850,000 plus interest as awarded by the High Court.
D. Judgment is entered for Mr Fay against Rattray Properties Ltd for $850,000 plus interest in the same terms as awarded against Mr Chirnside. E. The caveat lodged by Mr Fay against the title to the Harvey Norman project is to be removed. F. Mr Chirnside is to pay Mr Fay costs in respect of the proceedings in this court in the total sum of $15,000 plus disbursements, to be fixed if necessary by the registrar. The costs awarded to Mr Fay in the Court of Appeal are increased from $4,000 to $10,000. Costs in the High Court are to remain as fixed by that court. 6 September 2006
B. The damages and interest awards made by the Court of Appeal are set aside.
C. The judgment entered for Mr Fay against Mr Chirnside in the High Court is varied from $495,000 to $850,000 plus interest as awarded by the High Court.
D. Judgment is entered for Mr Fay against Rattray Properties Ltd for $850,000 plus interest in the same terms as awarded against Mr Chirnside. E. The caveat lodged by Mr Fay against the title to the Harvey Norman project is to be removed. F. Mr Chirnside is to pay Mr Fay costs in respect of the proceedings in this court in the total sum of $15,000 plus disbursements, to be fixed if necessary by the registrar. The costs awarded to Mr Fay in the Court of Appeal are increased from $4,000 to $10,000. Costs in the High Court are to remain as fixed by that court. 6 September 2006
Transcripts
- Hearing date 14 and 15 November 2005 (PDF, 619 KB)
Media Releases
- MR [2006] NZSC 68 (PDF, 104 KB)
Supreme court decision
Minute granting leave (PDF, 12 KB)
Supreme court decision
Leave judgment - leave granted
Substantive judgment
Case name
Leonard Murray Rohrlach
Case number
SC CRI 4/2004
Summary
Criminal appeal against conviction - Whether trial counsel error amounted to a miscarriage of justice - Whether s344A application should have been opposed by defence counsel - Whether complainant should have been cross-examined in relation to medical and ESR evidence - Whether detective should have been cross-examined in relation to record of appellant's statements - Whether appellant able to make informed decision about giving evidence at trial. CA272/03 28 April 2004
Result
30 June 2004 - No jurisdiction to entertain appeal as no consent from respondent pursuant to Section 51 (2) (d).
Judgment appealed from
not publicly available
Case name
Aerengaroa Timoti v The Queen
Case number
SC CRI 14/2004
Summary
Criminal appeal against conviction - Whether, in the circumstances of this case, provocation was available as a partial defence to murder under s167(d) of the Crimes Act - Whether the jury direction on provocation was inadequate, resulting in a miscarriage of justice. CA3/00 25 August 2004 PDF 92kb
Result
Leave to appeal granted.
10 December 2004
________________________
Appeal allowed. Conviction quashed. New Trial ordered.
21 June 2005
10 December 2004
________________________
Appeal allowed. Conviction quashed. New Trial ordered.
21 June 2005
Leave judgment - leave granted
TIMOTI V R SC SC CRI 14/2004 [10 December 2004] (PDF, 11 KB)
Transcript
Substantive judgment
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