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
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
TRANS OTWAY LIMITED v SHEPHARD AND DUNPHY SC 39/2005 [31 August 2005]
Substantive judgment
TRANS OTWAY LIMITED V SHEPHARD AND DUNPHY SC 39/2005 [1 December 2005]
Judgment appealed from

Trans Otway Ltd v Shephard [2005] NZCA 145 (13 June 2005)
Transcript

Hearing date : 11 November 2005
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
L v R SC 49/2005 [7 October 2005]
Judgment appealed from

NZLII : R v L (CA115/05) [2005] NZCA 352  18 July 2005
Transcript

Hearing date : 14 December 2005
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
LÖWER V TRAVELLER AND WALLER SC 51/2005 [2 December 2005]
Transcript

Hearing date : 2 December 2005
Judgment appealed from

Lower v Traveller [2005] NZCA 187 CA 36/04 26 July 2005
Case name
Robert Arthur Felton and Norah Isabel Felton and others v Annette Frances Johnson
Case number
SC 62/2005
Summary
Relationship property agreement between spouses that has the effect of defeating the creditors of either spouse - whether application to avoid agreement must be made within a two-year limitation period – Property (Relationships) Act 1976, s 47(2)CA 40/04 12 September 2005
Result

Leave to appeal granted.

8 December 2005
Leave judgment - leave granted
FELTON & ORS v JOHNSON SC 62/2005 [8 December 2005]
Transcript

Hearing date : 24 February 2006
Case name
Robert John Condon v The Queen
Case number
SC 66/2005
Summary
Criminal appeal - trial judge's refusal to grant adjournment following withdrawal of counsel leading to accused representing himself at trial - accused convicted and sentenced to imprisonment - whether breach of Sentencing Act 2002, s 30(1) or New Zealand Bill of Rights Act 1990, s 24 - applicant seeking leave to appeal out of timeCA 373/03 21 July 2004
Result

Leave to appeal granted.

27 March 2006
Leave judgment - leave granted
CONDON V R SC 66/2005 [27 March 2006]
Transcription

Hearing date : 27 March 2006
Judgment appealed from

NZLII : The Queen v Condon [2004] NZCA 153  (21 July 2004)
Case name
Union House Limited and Union House Lease Limited v Auckland City Council.
Case number
SC CIV 11/2004
Summary
Civil appeal - contract interpretation - whether contract unassignable because of the existence of a confidentiality clause prohibiting disclosure of the terms of the agreement - whether the assignment was ineffective where the assigning party breached the confidentiality clause - whether the case should have been remitted back to the High Court to determine whether the pleadings could be amended to allege a breach of the confidentiality clause. CA162/03 11 August 2004
Result

Leave to appeal granted.

15 December 2004

___________________

Appeal Hearing Date

22 March 2005

_____________

Notice of abandonment of appeal being lodged, the appeal is deemed to be dismissed.

23 March 2005
Leave judgment - leave granted
Union House Limited And Union House Lease Limited SC SC CIV 11/2004 (PDF, 12 KB)
Transcription

Leave hearing date : 15 December 2004
Judgment appealed from

NZLII : Auckland City Council v Union House Limited & Anor [2004] NZCA 181 (11 August 2004)
Case name
Henry John Esdaile Nation v Nicola Mary Nation
Case number
SC CIV 26/2004
Summary
Relationship property - whether the determination of the date for assessment of the effect of disposition under s44C Property (Relationships) Act 1976 should be the date of the hearing - whether certain livestock is relationship property - whether a 'put to use' arrangement in respect of livestock can have the status of a property right for the purpose of s10(2) CA 190/03 26 November 2004
Result
21 April 2005

Leave to appeal granted.

8 April 2005

__________________

Notice of abandonment being lodged, the appeal is deemed to be dismissed.
Leave judgment - leave granted
HENRY JOHN ESDAILE NATION V NICOLA MARY NATION SC  SC CIV 26/2004
Transcript

Hearing date 5 April 2005

Hearing date : 22 July 2005
Judgment appealed from

Nation v Nation [2004] NZCA 288 (26 November 2004)
Case name
V v The Queen
Case number
Summary
Order prohibiting publication of the judgment and any part of the proceedings (including theresult) in news media or on the internet or other publicly available database until final disposition of trial. Publication in law report or law digest permitted.
Result

Order prohibiting publication of the judgment and any part of the proceedings (including

the result) in news media or on the internet or other publicly available database until final

disposition of trial. Publication in law report or law digest permitted.                                                               

7 July 2017

______________________

Substantive:

Order prohibiting publication of the judgment and any part of the proceedings (including the result) in news media or on the internet or other publicly available database until final disposition of trial. Publication in law report or law digest permitted.               
21 September 2017
Case number                              

SC 54/2017
Hearing date

Hearing date : 22 August 2017                                                                      
Elias CJ, William Young, Glazebrook, O'Regan and Ellen France JJ.
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