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
Mark Moncrieff Stevens and others v Premium Real Estate Limited
Case number
SC 23/2008
Summary
Civil Appeal – Breach of fiduciary duty and Fair Trading Act 1986 – Damages – Advertising and sale of residential property where absence full disclosure by agent to principal of close, ongoing commercial relationship with purchaser – Whether Court of Appeal erred in quantification of damages assessment, including whether correct measure of loss includes profit made by third party (rather than fiduciary) as result of breach of fiduciary duty.[2008] NZCA 82 CA 31/07 11 April 2008
Result
Leave to appeal and cross appeal granted.
29 July 2008
________________________
The appellants’ appeal is allowed.The respondent’s appeal is dismissed. The respondent is ordered to pay the appellants damages of $659,813 and to repay to them the commission of $67,050. The judgment sums will bear interest at 7% per annum from 16 July 2004 (the date of settlement).The appellants are awarded costs in this Court of $15,000 and costs in the Court of Appeal of $6,000, together in each case with their reasonable disbursements as fixed by the respective Registrars if not otherwise agreed between the parties.
6 March 2009
29 July 2008
________________________
The appellants’ appeal is allowed.The respondent’s appeal is dismissed. The respondent is ordered to pay the appellants damages of $659,813 and to repay to them the commission of $67,050. The judgment sums will bear interest at 7% per annum from 16 July 2004 (the date of settlement).The appellants are awarded costs in this Court of $15,000 and costs in the Court of Appeal of $6,000, together in each case with their reasonable disbursements as fixed by the respective Registrars if not otherwise agreed between the parties.
6 March 2009
Transcripts
- Hearing date 13 November 2008 (PDF, 254 KB)
Media Releases
- media release (PDF, 89 KB)
Leave judgment - leave granted
Substantive judgment
Recall judgment
Case name
Kevin Anthony Lenaghan v The Queen
Case number
SC 24/2008
Summary
Criminal – appeal against conviction – possessing a substance with the intention of using it to produce or manufacture a controlled drug - whether the Court of Appeal erred in concluding that there was adequate evidence to support the jury’s conclusion of possession of a substance – whether the Court of Appeal erred in finding that the trial Judge gave adequate jury directions.
Leave judgment - leave dismissed
LENAGHAN v R SC 24/2008 [21 July 2008] (PDF, 16 KB)
Dates
Application for leave to appeal dismissed.
21 July 2008
21 July 2008
Case name
Ester Slee v Michael Ian Slee
Case number
SC 25/2008
Summary
Civil appeal – family law – Child Support Act 1991 – departure order providing for child support – whether the judgement of the Family Court on 29 September 2005 materially changed the position as determined by its judgment of 18 August 2004 – accordingly, whether the appellant’ s challenge to the retrospective effect of a departure order made by the Family Court on 18 August 2004 was out of time – whether there is an ability to extend time for appeal - if the appeal is not out of time, whether the Family Court’s assessment of the child support for the year ended 31 March 2003 was correct under the Child Support Act 1991.[2008] NZCA 85 CA 205/07 18 April 2008
Leave judgment - leave dismissed
SLEE V SLEE SC 25/2008 [14 August 2008] (PDF, 15 KB)
Dates
Application for leave to appeal dismissed. Costs $2,500 to the respondent.
14 August 2008
Case name
Matthew BROWN V The Queen
Case number
SC 41/2008
Summary
Criminal Appeal – appeal against conviction for injuring with intent – whether applicant had adequate counsel in the Court of Appeal – whether Court of Appeal counsel provided correct advice in relation to waiver of solicitor-client privilege – whether Court of Appeal counsel should have called medical evidence – whether Court of Appeal counsel followed applicant’s instructions in relation to witness subpoenas and cross-examination – whether evidence provided in the Court of Appeal was accurate – whether applicant had adequate counsel at District Court – whether District Court counsel should have called other witnesses – whether District Court counsel should have objected to complainant’s testimony – whether Judge’s summing up was effected by defence provided[2008] NZCA 156 CA 392/07 9 June 2008
Leave judgment - leave dismissed
BROWN v R SC 41/2008 [10 October 2008] (PDF, 15 KB)
Dates
Application for leave to appeal dismissed.
10 October 2008.
Case name
Michael Spackman v The Queenstown Lakes District Council and others
Case number
SC 48/2008
Summary
Civil resource management applicant sought judicial review of Councils decision to grant resource consent for neighbouring subdivision into four lots error conceded at trial relief granted in the form of revoked approval for one lot and restriction on consent notice for another applicant appealed form of relief Whether the Court of Appeal erred in making allegedly contradictory findings and relying on those findings when deciding whether to grant relief in favour of the applicant whether the Court of Appeal erred when deciding that various discretionary factors overcame the applicant's right to be heard again in respect of the whole subdivision application for leave to appeal out of time[2008] NZCA 234 CA 193/07 11 July 2008
Leave judgment - leave dismissed
Dates
Application for leave to appeal dismissed.
Costs of $2000 to both the first and second respondents.
24 October 2008
Case name
Vincent Ross Siemer v Ferrier Hodgson and Michael Peter Stiassny
Case number
SC 62/2008
Summary
Civil Appeal – Civil Procedure – Defamation Act 1992 – New Zealand Bill of Rights Act 1990, ss 14 and 27 – Miscarriage of Justice – Whether Court of Appeal erred in dismissing appeal against order of High Court striking out parts of the Applicant’s defamation claim – Whether conflict of interest created by Court of Appeal Judge’s decision not to recuse himself – Whether High Court Rule change allowing documents to be referred to by a “generic description” compromised discovery process.[2008] NZCA 255CA 226/2007 24 July 2008
Leave judgment - leave dismissed
Dates
Application for leave to appeal dismissed.
19 November 2008
Case name
Kevin Francis John Casey v The Queen
Case number
SC 66/2008
Summary
Criminal Appeal – pre-trial application – drink driving – admissibility of evidential breath test printout – whether there was a lawful roadside detention – whether the Court of Appeal correctly interpreted s 114 of the Land Transport Act 1998 – claim proper breath screening procedure was not adopted – whether s 30 of the Evidence Act 2006 should have been applied to this claim – whether the right to consult a lawyer under s 23(1)(b) of the New Zealand Bill of Rights Act was complied with[2008] NZCA 335 CA 246/2008 1 September 2008
Leave judgment - leave dismissed
CASEY v R SC 66/2008 [5 December 2008] (PDF, 16 KB)
Dates
Application for leave to appeal dismissed.
5 December 2008
Case name
James Michael Leuluaiali’i v The Queen
Case number
SC 1/2007
Summary
Criminal appeal – appellant convicted as party to attempted murder and murder – appeal by a co-accused had been allowed on grounds of error in summing up in relation to parties; like errors in present case – appeal allowed in relation to attempted murder – in relation to murder the proviso to s 385(1) applied and appeal dismissed – whether application of the proviso led to a substantial miscarriage of justice. CA 122/06 22 November 2006
Result
Leave to appeal dismissed. 30 March 2007
Leave judgment - leave dismissed
LEULUAIALI'L v R SC 1/2007 [30 March 2007] (PDF, 16 KB)
Case name
Peter Michael Connolly v The Queen
Case number
SC 4/2007
Summary
Criminal – Costs in Criminal Cases Act 1967 – trial Judge awarded costs to defendants acquitted on charges of conspiracy to defraud and money laundering brought by Serious Fraud Office – Court of Appeal majority held that High Court Judge had erred in failing to take account of risk of a substantial award inhibiting the exercise of proper prosecutorial function – whether the Court of Appeal erred in setting aside the cost award because it was “disproportionate” – whether Court of Appeal wrongly interpreted s 5(1) of the Act. CA 472/2005 6 December 2006
Result
Application for leave to appeal granted. Application for leave to cross appeal dismissed.
29 May 2007
___________________________
Appeal allowed, Costs order in the High Court reinstated.
Costs to appellant in Court of Appeal, $12,000 together with reasonable expenses.
Costs to appellant in Supreme Court, $20,000 together with reasonable expenses.
29 May 2007
___________________________
Appeal allowed, Costs order in the High Court reinstated.
Costs to appellant in Court of Appeal, $12,000 together with reasonable expenses.
Costs to appellant in Supreme Court, $20,000 together with reasonable expenses.
Leave judgment - leave granted
REID And Ors V R SC 95/2006 [29 May 2007] (PDF, 17 KB)
Judgment appealed from
Substantive judgment / Media release
Transcript
Case name
Kevin Jack Ngan v The Queen
Case number
SC 5/2007
Summary
Criminal – appeal against conviction – earlier unsuccessful application for leave to appeal directly to Supreme Court (see SC 24/2006) – lawfulness of “inventory searches” – admissibility of evidence obtained through police searches of applicant’s sunglasses pouch and wallet following injury of applicant in car crash – whether Court of Appeal erred in holding that searches both lawful and reasonable and evidence therefore properly admitted. CA 220/06 1 December 2006
Result
Leave to appeal granted. 15 March 2007
Media Releases
- pressreleasengan 000 (PDF, 78 KB)
Leave judgment - leave granted
Substantive judgment
NGAN v R SC 5/2007 [13 December 2007] (PDF, 195 KB)
Judgment appealed from
Transcript
Substantive judgment / Media release
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