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.
22 September 2026
Case information summary (as at 18 September 2026) – Cases where leave granted (PDF, 112 KB)
Case information summary (as at 18 September 2026) – Currently unavailable
All years
Case name
Jeremy George Edward McLaughlin v The Queen
Case number
SC 97/2015
Summary
Criminal Appeal – Whether DNA evidence was misused at trial – Whether the trial judge’s direction as to lies was inadequate – Whether a direction under s 32 Evidence Act 2006 was required – Whether the summing up was unfair. [2015] NZCA 339 CA 752/2013
Result
Application for leave to appeal is dismissed.
3 November 2015
3 November 2015
Leave judgment - leave dismissed
Judgment appealed from
Case name
Lindsay James Trevor Smallbone v George Paul London, Ian Neville Wishart, Howling at the Moon Publishing Limited, Paulette Merle London
Case number
SC 109/2015
Summary
Civil Appeal – Whether the High Court was correct to recall the original judgment issued post verdict in a civil jury trial for defamation – Whether the High Court had jurisdiction to order a retrial post verdict – Whether new evidence justified ordering a retrial.[2015] NZCA 391 CA 324/2014
Result
A The application for leave to appeal is dismissed. B Costs of $2,500 are awarded to the first and fourth respondents. 17 December 2015
High Court decision
Not publicly available
Leave judgment - leave dismissed
Judgment appealed from
Case name
West City Construction Limited v Henry David Levin and David Stuart Vance as liquidators of St George Developments Limited (in liquidation)
Case number
SC 43/2014
Summary
Civil Appeal – Whether the Court of Appeal erred in concluding that there was no agreement to assign and/or equitable assignment of the bond monies – Whether the deed of assignment enabled the applicant to receive more towards the satisfaction of debt than it would receive or be likely to receive in the debtor’s liquidation – Whether the Court of Appeal erred in its assessment of the sum payable under s 295 of the Companies Act 1993.[2014] NZCA 98 CA 101/2013
Result
A Leave to appeal is granted (Levin v West City Construction [2014] NZCA 98).
B The approved grounds of appeal are:
Whether the assignment of the development bond is a voidable transaction under s 292 of the Companies Act 1993; and
Whether the Court of Appeal correctly exercised the discretion under s 295 of the Companies Act.
7 August 2014
_______________________________________
A The appeal is allowed, the judgment of the Court of Appeal is reversed and the judgment of the Associate Judge in the High Court is restored.
B The liquidators are to pay the appellant costs and disbursements in respect of the appeal to the Court of Appeal to be fixed by that Court and costs in relation to the appeal to this Court in the sum of $25,000 together with reasonable disbursements.
15 December 2014
B The approved grounds of appeal are:
Whether the assignment of the development bond is a voidable transaction under s 292 of the Companies Act 1993; and
Whether the Court of Appeal correctly exercised the discretion under s 295 of the Companies Act.
7 August 2014
_______________________________________
A The appeal is allowed, the judgment of the Court of Appeal is reversed and the judgment of the Associate Judge in the High Court is restored.
B The liquidators are to pay the appellant costs and disbursements in respect of the appeal to the Court of Appeal to be fixed by that Court and costs in relation to the appeal to this Court in the sum of $25,000 together with reasonable disbursements.
15 December 2014
Transcripts
- Hearing date 17 November 2014 (PDF, 462 KB)
Media Releases
- MR [2014] NZSC 183 (PDF, 192 KB)
Court of Appeal decision
Leave judgment - leave granted
Case name
George Charles Kain, George Michael Kain, George Thomas Kain, George Harry Kain & Georgina Kain v Wynn Williams & Co
Case number
SC 4/2013
Summary
Civil appeal – Whether conditional fee agreement between a solicitor and client is champertous only where there is proof of unjustified interference in the client’s affairs by solicitor – Credit Contracts and Consumer Finance Act 2003, ss 6, 11(1)(d)(ii) and 13 – Meaning of consumer credit contract – Whether conditional fee agreement constituted a consumer credit contract. [2012] NZCA 563 CA 635/2011
Result
Application for leave to appeal dismissed.
Costs to the respondent $2,500 plus reasonable disbursements.
8 April 2013
Costs to the respondent $2,500 plus reasonable disbursements.
8 April 2013
Leave judgment - leave dismissed
KAIN v WYNN WILLIAMS & CO SC 4/2013 [8 April 2013] (PDF, 51 KB)
Case name
Arcadia Homes Limited (in liquidation) v More To This Life Limited and Andrew George Clark as trustees of the Ultimate Lifestyle Trust.
Case number
SC 75/2013
Summary
Civil Appeal – Director’s approval clauses – Whether the Court of Appeal erred in its determinations relating to the effect of a director’s approval clause in an agreement for sale and purchase that has been signed, and the nature and scope of a director’s duties under such a clause.[2012] NZCA 286 CA 149/2012
Leave judgment - leave dismissed
Dates
Application for leave to appeal is refused.
Costs to the respondent $2,5000 plus reasonable disbursements.
11 November 2013.
Case name
Darren George Hosking v The Queen
Case number
SC 100/2013
Summary
Criminal Appeal – Fair trial – Whether the applicant was denied a fair trial because he was convicted on the basis of false allegations.[2012] NZCA 460 CA 317/2012
Result
Application for leave to appeal dismissed.
13 December 2013.
13 December 2013.
Leave judgment - leave dismissed
Case name
William Victor George Conway v The Queen
Case number
SC 106/2013
Summary
Criminal Appeal – Resource Management Act 1991, s 15(1)(b) – Whether the Court of Appeal erred in finding that the evidence relied on by the Crown supported the conviction of the applicant on the counts alleging breach of enforcement orders – Whether the Court of Appeal erred in ruling admissible the prior statement of the applicant where supplementary information was required to interpret correctly the content of the statement – Whether the Court of Appeal erred by effectively ruling that under s 15(1)(b) the Crown did not need to establish a real risk that the contaminant discharge onto the land might enter water – Whether the Court of Appeal erred in accepting the ruling of the trial Judge as to the verdicts which ought to have been accepted from the jury where the jury had returned verdicts of guilty on all the charges the applicant faced including the counts laid against him in the alternative[2013] NZCA 438 CA 806/2009
Result
Application for leave to appeal dismissed.
24 October 2013
24 October 2013
Leave judgment - leave dismissed
Case name
John George Russell v Commissioner of Inland Revenue
Case number
SC 33/2012
Summary
Civil Appeal – Tax avoidance – Whether the applicant received a fair and impartial hearing – Whether the Court of Appeal was correct in its analysis of the evidence – Whether the Court of Appeal erred in finding that the overall arrangement established and operated by the applicant had the purpose or effect of tax avoidance – Whether the Court of Appeal erred in finding that the applicant was a person affected by the arrangement and that he obtained a tax advantage – Whether the Court of Appeal was correct to find that the assessment made by the Commissioner would not be void even if it included income deemed by virtue of s 99(4) of the Income Tax Act 1976 to be the income of someone else.CA 654/2010 [2012] NZCA128
Dates
The application for leave to appeal is dismissed.
The applicant is to pay costs of $5,000 to the respondent Commissioner plus all reasonable disbursements to be fixed if necessary by the Registrar.
13 August 2012.
The applicant is to pay costs of $5,000 to the respondent Commissioner plus all reasonable disbursements to be fixed if necessary by the Registrar.
13 August 2012.
Case name
John George Russell v The Taxation Review Authority & Commissioner of Inland Revenue
Case number
SC 56/2011
Summary
Civil Appeal – Bias – Whether Court of Appeal erred in holding that any apparent bias on the part of Judge Barber in the Taxation Review Authority was “cured” by the effective rehearing held by Justice Wylie in the High Court – Whether the Court of Appeal took into account irrelevant matters or gave insufficient weight to relevant matters or made erroneous factual findings.[2011] NZCA 158 CA 65/2009
Dates
Application for leave to appeal dismissed.
Costs $2,500 to the second respondent.
26 August 2011.
Costs $2,500 to the second respondent.
26 August 2011.
Case name
David George Saggers v The Queen
Case number
SC 47/2009
Summary
Criminal Appeal – the appellant was convicted in the High Court for manufacturing methamphetamine and possessing equipment capable of being used in the manufacture of methamphetamine – Court of Appeal allowed the appellant’s appeal against conviction on the manufacturing charge and ordered a retrial but upheld the appellant’s conviction for possessing equipment capable of being used in the manufacture of methamphetamine – Appellant was found not guilty on the manufacturing charge at the retrial – Whether the guilty verdict on the charge of possessing equipment is inconsistent with the not guilty verdict on the manufacturing charge, amounting to a miscarriage of justice.[2008] NZCA 364 CA 121/2008 12 September 2008
Result
Application to leave to appeal dismissed. 30 July 2009
Leave judgment - leave dismissed
SAGGERS V R SC 47/2009 30 July 2009 (PDF, 14 KB)
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