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
Brendon Douglas Neal Forrest v The Queen
Case number
SC 83/2006
Summary
Criminal – appeal against sentence – appearance of bias on part of one of the Judges hearing the appeal in the Court of Appeal – whether Court of Appeal erred in concluding that acknowledged factual error in sentencing remarks did not influence overall sentence imposed – whether Court of Appeal erred in regarding sentence as “stern” but not manifestly excessive. CA 83/06 12 October 2006
Result
Application for leave to appeal dismissed.
11 December 2006
11 December 2006
Court of Appeal decision
Leave judgment - leave dismissed
Case name
Southbourne Investments Limited v Greenmount Manufacturing Limited
Case number
SC 96/2006
Summary
Civil appeal – option in deed of lease to purchase the relevant land - lessee’s purported exercise of option rejected by lessor because the exercise allegedly failed to conform with terms of the option – Court of Appeal, applying the Reporoa Stores “exact compliance” test, held that the option was validly exercised – whether the Court of Appeal in substance applied the “exact compliance” test – whether there was in fact “exact compliance” with the terms of the option. CA 90/06 21 November 2006
Result
Application for leave to appeal granted.
20 April 2007
___________________________
The appeal is allowed and the orders for summary judgment and specific performance are set aside.
The proceeding is remitted to the High Court.
The appellant is awarded costs in this Court of $13,000 together with reasonable disbursements to be fixed if necessary by the Registrar.
The costs order in the Court of Appeal is set aside. The appellant is awarded costs in that Court of $3,000.
2 August 2007
20 April 2007
___________________________
The appeal is allowed and the orders for summary judgment and specific performance are set aside.
The proceeding is remitted to the High Court.
The appellant is awarded costs in this Court of $13,000 together with reasonable disbursements to be fixed if necessary by the Registrar.
The costs order in the Court of Appeal is set aside. The appellant is awarded costs in that Court of $3,000.
2 August 2007
Transcripts
- Hearing date 16 April 2007 (PDF, 138 KB)
Media Releases
- mediarelease southbourneinvestments 000 (PDF, 88 KB)
Court of Appeal decision
Leave judgment - leave granted
Additional document
Transcript Hearing date 28 June 2007 (PDF, 346 KB)
Substantive judgment
Case name
Lesley Jane Martin
Case number
SC 9/2005
Summary
Appeal against conviction for attempted murder - whether the Court of Appeal's application of the proviso in s385(1) Crimes Act 1961 was erroneous in law or in fact - whether breach of the right to fair trial, as guaranteed by the New Zealand Bill of Rights Act 1990, is so fundamental a breach that it will ipso facto give rise to a substantial miscarriage of justice. CA 257/04 21 October 2004
Result
Leave to appeal refused.
15 June 2005
15 June 2005
Leave judgment - leave dismissed
MARTIN V R SC SC 9/2005 [15 June 2005] (PDF, 23 KB)
Transcript
Judgment appealed from
Case name
Krishan Jaichandre Kanhai v The Queen
Case number
SC 20/2005
Summary
Leapfrog criminal appeal against conviction - alleged radical error of counsel in not adducing evidence of good character giving rise to a substantial miscarriage of justice - leave application made out of time - application for extension of time. CA 55/04 15 December 2004
Result
Leave to appeal dismissed.
11 May 2005
11 May 2005
Leave judgment - leave dismissed
KANHAI V R SC 20/2005 [11 May 2005] (PDF, 19 KB)
Judgment appealed from
Case name
David John Young v Land Transport Safety Authority
Case number
SC 33/2005
Summary
Criminal appeal - appeal against the decision of the High Court - leave to appeal refused by the Court of Appeal - whether defence of self-defence correctly applied to facts. CRI 2004 409 000196, 29 November 2004
Result
Leave to appeal dismissed. 27 July 2005
Leave judgment - leave dismissed
Judgment appealed from
Case name
Body Corporate No 164980 v Paul John Velich
Case number
SC 37/2005
Summary
Unit Titles Act 1972 - Whether a body corporate rule which replaces a default rule under the Act is ultra vires when it appreciably expands the existing powers and duties of the Body Corporate - What the proper test is for determining whether or not any particular rule is "incidental to existing powers or duties" - Whether the replacement rule in fact "appreciably" expanded the powers given to the Body Corporate under the existing default rule. CA 116/04 19 May 2005
Result
Notice of abandonment of application being lodged, the application is deemed to be dismissed. 15 July 2005
Judgment appealed from
Case name
David Fruean v The Queen
Case number
SC 43/2005
Summary
Criminal Law - “ whether a comment by a trial judge describing portions of an out of court statement as "self-serving" during evidence, necessitates a jury direction that "the whole of a mixed out of court statement is evidence of the facts stated". CA 73/05 22 June 2005
Result
Leave to appeal dismissed. 7 September 2005
Leave judgment - leave dismissed
FRUEAN V R SC 43/2005 [7 September 2005] (PDF, 16 KB)
Case name
Neil Martin Clarke v The Queen
Case number
SC 47/2005
Summary
Appeal against summary conviction and sentence - whether a trespass notice issued against the appellant was invalid - whether there was counsel error in the conduct of the appeal to the Court of Appeal. CRI 2003 485 00028 15 April 2004
Result
Leave to appeal dismissed 29 August 2005
Leave judgment - leave dismissed
CLARKE V R SC 47/2005 [29 August 2005] (PDF, 17 KB)
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
Case name
Malcom Alan Francis v The Queen
Case number
SC 70/2005
Summary
Criminal Law - alleged counsel error - whether the accused’s failure to give evidence at trial led to a miscarriage of justice - whether the admission of certain evidence at trial led to a miscarriage of justice.CA 186/03 7 July 2004
Result
Leave to appeal dismissed. 13 February 2006
Leave judgment - leave dismissed
FRANCIS V R SC 70/2005 13 February 2006 (PDF, 11 KB)
Judgment appealed from
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