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
Mark David Chisnall v Chief Executive of the Department of Corrections
Case number
SC 13/2017
Summary
Civil Appeal – Public Safety (Public Protections Orders) Act 2014, s 8 – Whether the Court of Appeal erred in the formulation of a threshold test for the granting of a public protection orders.
Result
A Leave to appeal is granted (Chisnall v Chief Executive of the Department of Corrections [2016] NZCA 620).
B The approved question is whether the Court of Appeal was correct to dismiss the applicant’s appeal to that Court.
13 April 2017
______________________
A The appeal is dismissed.
B There is no order as to costs.
1 August 2017
B The approved question is whether the Court of Appeal was correct to dismiss the applicant’s appeal to that Court.
13 April 2017
______________________
A The appeal is dismissed.
B There is no order as to costs.
1 August 2017
Transcripts
- Hearing date 22 June 2017 (PDF, 449 KB)
Media Releases
- MR [2017] NZSC 114 (PDF, 269 KB)
High Court decision
Court of Appeal decision
Leave judgment - leave granted
Substantive judgment
Case name
Midgen Enterprises Limited and David James Midgen v Water Guard NZ Limited
Case number
SC 32/2017
Summary
Civil Appeal – Whether the Court of Appeal erred in overturning the costs award of the High Court.
Result
A The application for leave to appeal is dismissed.
B The applicants are to pay costs of $2,500 to the respondent.
9 May 2017
B The applicants are to pay costs of $2,500 to the respondent.
9 May 2017
High Court decision
Leave judgment - leave dismissed
Judgment appealed from
Case name
David Stanley Tranter v The Queen
Case number
SC 35/2017
Summary
Criminal Appeal – Whether the Court of Appeal erred in upholding the applicant’s conviction(s) – Whether there were sufficient grounds to impose a sentence of preventive detention.
Result
The application for leave to appeal is dismissed.
12 December 2017
12 December 2017
High Court decision
Not publicly available
Leave judgment - leave dismissed
Judgment appealed from
Case name
David Charles Browne and David Browne Contractors Limited and David Browne Mechanical Limited v David Ross Petterson as liquidator of Polyethylene Pipe Systems Limited (in liquidation)
Case number
SC 57/2017
Summary
Civil Appeal – Companies Act 1993 – Whether the Court of Appeal erred in its approach to, and appreciation of, the evidence – Whether the Court of Appeal erred in its application of ss 295(a), 299(1) and 299(3) of the Companies Act 1993. [2016] NZCA 189 CA291/2015
Result
A The application for leave to appeal by Mr Browne is dismissed.
B Leave to appeal is granted to David Browne Contractors Ltd and David Browne Mechanical Ltd.
The approved question is whether the orders for repayment ought to have been made against them.
C Costs are reserved.
16 August 2016
____________________
A The appeal is dismissed.
B The appellants must pay the respondent costs of $30,000 plus reasonable disbursements (to be
determined by the Registrar in the absence of agreement). We certify for two counsel.
7 August 2017
B Leave to appeal is granted to David Browne Contractors Ltd and David Browne Mechanical Ltd.
The approved question is whether the orders for repayment ought to have been made against them.
C Costs are reserved.
16 August 2016
____________________
A The appeal is dismissed.
B The appellants must pay the respondent costs of $30,000 plus reasonable disbursements (to be
determined by the Registrar in the absence of agreement). We certify for two counsel.
7 August 2017
Transcripts
- Hearing date 10 November 2016 (PDF, 512 KB)
Media Releases
- MR [2017] NZSC 116 (PDF, 267 KB)
High Court decision
Court of Appeal decision
Leave judgment - leave granted
Case name
Craig Alexander Sanson and David John Bridgman v Ebert Construction Limited
Case number
SC 68/2017
Summary
Civil Appeal – Companies Act 2006 – Whether the Court of Appeal erred in finding that the payments were not made by the insolvent company – Whether the Court of Appeal erred in finding that the respondent did not receive more than they would have in liquidation – Whether the Court of Appeal erred in finding that a transaction was not an insolvent transaction.
Result
A notice of abandonment having been lodged, the appeal is deemed to be dismissed.
High Court decision
Judgment appealed from
Case name
Angela Claire Shaw and Ian Alexander Shaw v Colin David Owens and David Stuart Vance as liquidators of Aluminium Plus Wellington Limited
Case number
SC 90/2017
Summary
Civil Appeal – Companies Act 1993 – Whether the Court of Appeal erred in finding the directors’ conduct amounted to breach of the duties imposed by ss 135 (reckless trading) and 137 (duty of care).
Result
A The application for an extension of time to appeal is granted.
B The application for leave to appeal is dismissed.
C Costs of $2,500 are awarded to the respondents.
20 October 2017
B The application for leave to appeal is dismissed.
C Costs of $2,500 are awarded to the respondents.
20 October 2017
Leave judgment - leave dismissed
Case name
Da (David) Jiang Fan v The Queen
Case number
SC 107/2017
Summary
Criminal Appeal – Whether the Court of Appeal erred in its interpretation and application of the City of Auckland Operative District Plan 1999 – Whether the Court of Appeal erred in dismissing the applicant’s appeal against sentence.
Result
The application for leave to appeal is dismissed. 6 December 2017
Leave judgment - leave dismissed
DA JIANG FAN v R [2017] NZSC 184 [6 December 2017] (PDF, 86 KB)
Judgment appealed from
Case name
Vivien Judith Madsen-Ries and David Stuart Vance as Liquidators of Petranz Limited (in liquidation) and Petranz Limited (in liquidation) v Darrell Warren Karaneihana and Diana Joy Petera
Case number
SC 46/2016
Summary
Civil Appeal – Companies Act 1993 – Whether the Court of Appeal erred in its application of s 161– Whether the Court of Appeal erred in taking into consideration that if the liquidators were successful that surplus funds would be returned to the directors and shareholders pursuant to Morgenstern v Jeffreys [2014] NZSC 176 – Whether the Court of Appeal erred in holding that ss 131–138 are codification of directors’ duties. [2016] NZCA 103 CA198/2015
Result
A The application for leave to appeal is dismissed.
B There is no order for costs. 28 July 2016
B There is no order for costs. 28 July 2016
Leave judgment - leave dismissed
High Court decision
Case name
Murray Athold Osmond and Janet Doreen Osmond v David Murray Blanchett and Colin Thomas McCloy as liquidators of Arai Korp Limited (in liquidation)
Case number
SC 69/2016
Summary
Civil Appeal – Whether the Court of Appeal erred in its approach to hearing an appeal from summary judgment proceedings – Whether the Court of Appeal erred in its evaluation of the evidence. [2016] NZCA 204 CA358/2015
Result
A The application for leave to appeal is dismissed
B The applicants are to pay the respondents costs of $2,500
26 August 2016
B The applicants are to pay the respondents costs of $2,500
26 August 2016
High Court decision
Leave judgment - leave dismissed
Judgment appealed from
Case name
David Obiaga v The Queen
Case number
SC 77/2016
Summary
Criminal Appeal – Appeal against conviction and sentence – Whether Court of Appeal erred in finding no mistrial due to trial counsel error or juror ill-health – Whether Court of Appeal erred in finding no misuse of co-defendant’s statement – Whether Court of Appeal erred in upholding sentence. [2016] NZCA 270 CA390/2015, CA395/2015
Result
The application for leave to appeal is dismissed.
8 December 2016
8 December 2016
High Court decision
Leave judgment - leave dismissed
DAVID OBIAGA v R [2016] NZSC 162 8 December 2016 (PDF, 87 KB)
Judgment appealed from
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