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
Arthur William Taylor v The Chief Executive of the Department of Corrections
Case number
SC 92/2010
Summary
Civil – Judicial Review – Judicature Amendment Act 1972 – Visiting arrangements for maximum-security prisoner and young daughter – High Court declined appellant interim relief against prison manager’ s decision restricting previous monthly contact visits with daughter in interests of child and prisoner safety – Whether Court of Appeal erred in declining to make mandatory interim relief order against prison manager’s discretion despite finding that courts have jurisdiction to order mandatory interim relief against the Crown – Whether Court of Appeal should have commented on respondent’s cross-appeal when High Court observations founding cross-appeal made only in obiter.[2010] NZCA 371 CA 165/2010 16 August 2010
Leave judgment - leave dismissed
Dates
Application for leave to appeal dismissed.
8 December 2010.
Case name
Westpac New Zealand Limited v Map & Associates Limited
Case number
SC 98/2010
Summary
Civil – Knowing assistance in breach of trust – Whether the Court of Appeal erred in holding that Westpac did not have reason to refuse to follow the instructions of its account holder – Whether the Court of Appeal erred in its application of s 87 of the Judicature Act 1908.[2010] NZCA 404 CA 193/2009 6 September 2010.
Result
A The application for leave to appeal is granted.
B The approved ground of appeal is whether the Court of Appeal was correct in holding that Westpac had breached its mandate.
C The application for leave to cross-appeal is refused.
2 February 2011
_______________________________
The appeal is dismissed. The appellant is to pay the respondent costs in the sum of $15,000.00 plus disbursements to be fixed, if necessary, by the Registrar.
16 August 2011
B The approved ground of appeal is whether the Court of Appeal was correct in holding that Westpac had breached its mandate.
C The application for leave to cross-appeal is refused.
2 February 2011
_______________________________
The appeal is dismissed. The appellant is to pay the respondent costs in the sum of $15,000.00 plus disbursements to be fixed, if necessary, by the Registrar.
16 August 2011
Transcripts
- Hearing date 31 May 2011 SC 98/2010 (PDF, 725 KB)
Media Releases
- MR [2011] NZSC 89 (PDF, 85 KB)
Leave judgment - leave granted
Substantive judgment
Case name
Brian Thomas Street v Michael John Brouwers
Case number
SC 111/2010
Summary
Civil Appeal – tort of removal of support and negligence – causation – landslip encroaching on common boundary of adjoining property causing land to subside and reducing the value of the adjoining property – whether the Court of Appeal erred on the issue of causation – whether the Court of Appeal erred in their approach to the tort of removal of support and negligence.[2010] NZCA 463 CA 374 /2009 13 October 2010
Leave judgment - leave dismissed
STREET v BROUWERS SC 111/2010 [9 March 2011] (PDF, 60 KB)
Dates
Application for leave to appeal dismissed.
9 March 2011
Case name
Henry David Levin and Barry Philip Jordan v Patrick Ikiua, Kenti Apa, Tess Apa, Mark Crosbie, Andrew David Smith.
Case number
SC 123/2010
Summary
Civil – Liquidators’ right under s 298 of the Companies Act 1993 to recover property which a liquidated company has disposed of to certain entities – Whether the company must have had a proprietary interest in the property – Whether s 298 applies only to transactions where the directors are duty bound to obtain fair value in return for the disposition of property – Whether the company had legitimately transferred its assets – Whether the directors of the company had breached their duties by disposing of all profits.[2010] NZCA 509 CA 508/2009 12 November 2010
Dates
Notice of Abandonment being lodged, the application is deemed to be dismissed.
Case name
Michael Gregory v Thomas Patrick Joseph Gollan and others
Case number
SC 4/2009
Summary
Civil appeal - application for proceeding to trial by judge and jury – alleged wrongful arrest – whether proceedings involve mainly questions of law – whether discretion to allow trial by judge has been properly exercised - whether trial by judge denies the appellant of constitutional rights – whether c.29 Magna Carta applies to civil proceedings concerning wrongful arrest.[2008] NZCA 568 CA 699/2007 19 December 2008
Result
Application for leave to appeal dismissed. Costs $2,500 to respondent.
30 March 2009
30 March 2009
Leave judgment - leave dismissed
GREGORY v GOLLAN AND ORS SC 4/2009 [30 March 2009] (PDF, 15 KB)
Judgment appealed from
Case name
Ian Russell Geary v The Psychologists Board and another
Case number
SC 36/2009
Summary
Civil – cross-examination of witnesses in judicial review proceedings – application by Mr Geary for leave to cross-examine witnesses who had provided affidavits on behalf of the Psychologists Board in a judicial review of decisions of the Board in disciplinary matters concerning Mr Geary – whether the rule imposing a requirement of leave to cross-examine witnesses in applications for judicial review is contrary to statute, and is not a rule that can be made by a Court – whether the Court of Appeal erred in declining to re-examine the validity of the rule – whether there was a proper basis for the High Court to deny the plaintiff the ability to cross-examine the first respondent’s witness.[2009] NZCA 134 CA 818/2008 9 April 2009
Result
Application for leave to appeal dismissed, with costs $2,500 to the first respondent.
24 June 2009
24 June 2009
Leave judgment - leave dismissed
Case name
Cashmere Capital Limited v Patrick Kevin Carroll and others
Case number
SC 46/2009
Summary
Civil – Retirement Villages Act 2003 – retrospective operation of the Act – the Court of Appeal held that when there has been an Order in Council under s 103, the Registrar-General must note on the certificate of title to the land comprising the village that it is subject to s 22 of the Act, and that the expressed intention of Parliament was that the Act should operate retrospectively to 31 December 2002 – whether the Court of Appeal erred in its interpretation of ss 103 and 21 of the Act - whether the Court of Appeal erred in finding that if the Registrar-General has registered Crossdale Village under s 21 of the Act then s 22 applied to the appellant and if the Registrar-General has not done so it should be performed forthwith.[2009] NZCA 185 CA 190/2007 15 May 2009
Result
Application for leave to appeal granted.
24 July 2009
______________________
Appeal allowed, judgment of the Court of Appeal is set aisde. Costs of $5,000 plus disbursements to the appellant.
4 December 2009
24 July 2009
______________________
Appeal allowed, judgment of the Court of Appeal is set aisde. Costs of $5,000 plus disbursements to the appellant.
4 December 2009
Transcripts
- Hearing date 5 November 2009 (PDF, 559 KB)
Media Releases
- MR [2009] NZSC 123 (PDF, 58 KB)
Leave judgment - leave granted
Substantive judgment
Case name
Stephen Michael Shone v The Queen
Case number
SC 49/2009
Summary
Criminal appeal – sentencing – whether the decision of the Court of Appeal is consistent with decisions made in comparable cases – whether the Court of Appeal failed to take into account the alleged facilitation of offending by a victim’s mother – whether the sentences imposed were manifestly excessive[2009] NZCA 183 CA 720/2008 14 May 2008
Result
Application to leave to appeal dismissed. 29 July 2009
Leave judgment - leave dismissed
SHONE V R SC 49/2009 29 July 2009 (PDF, 12 KB)
Case name
Victor Stojanovich v The Queen
Case number
SC 62/2009
Summary
Criminal appeal – convictions for sexual violations by rape and unlawful sexual connection – appeal based on conduct of defence counsel and alleged deficiencies in the trial process – whether the appellant was denied the right to a fair trial – whether the Court of Appeal erred in finding that the failure of trial counsel to cross-examine the complainant on inconsistencies between her evidence at trial, her statement to the Police and evidence at first trial did not amount to a miscarriage of justice – whether the Court of Appeal erred in finding that the trial judge’s direction on consent did not amount to a miscarriage of justice.[2009] NZCA 210 CA 427/2008 27 May 2009
Result
Application for leave to appeal dismissed.
27 August 2009
27 August 2009
Leave judgment - leave dismissed
STOJANOVICH V R SC 62/2009 27 August 2009 (PDF, 12 KB)
Case name
Lewtyn Michael Scott v Rosemary Ann Scott and others
Case number
SC 65/2009
Summary
Civil – Whether the Court of Appeal erred in its exercise of discretion declining the application for grant of an extension under r 43 of the Court of Appeal (Civil) Rules 2005 – Whether the Court of Appeal was entitled to make that decision in the absence of the applicant or his counsel.[2009] NZCA 255 CA 634/2008 19 June 2009.
Result
Application for leave to appeal dismissed. Costs of $7,500 and disbursements to the respondents. 29 October 2009
Court of Appeal decision
Leave judgment - leave dismissed
Transcript
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