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
Talley's Group Limited v Worksafe New Zealand
Case number
SC 11/2019
Summary
Criminal Appeal – Criminal Procedure Act 2011, s 379 – Use of prosecution summary of facts – Whether the Court of Appeal erred in not dismissing the defective charging documents – Whether the Court of Appeal erred in not considering the prosecution’s actions amounted to an abuse of process.
Result
The application for leave to appeal is dismissed.
5 April 2019
5 April 2019
High Court decision
Court of Appeal decision
Leave judgment - leave dismissed
Case name
James Hardie Industries Plc, James Hardie NZ Holdings & RCI Holdings Pty LImited v Karen Louise White, Waitakere Group Limited, Metlifecare Pinseong Limited, Forest Lake Gardens Limited, Vision (Dannemora) LImited (Name changed to Metlifecare Dannemora
Case number
SC 12/2019
Summary
Civil Appeal – Whether the Court of Appeal was correct to find that there is a serious issue to be tried as to whether the applicant owed a duty of care to those affected by the actions or omissions of its subsidiaries – Whether the Court of Appeal was correct to find that there is a serious issue to be tried as to whether the applicant breached the Fair Trading Act 1986 – Whether the Court of Appeal was correct to find that there is a serious issue to be tried as to whether the applicant was a “manufacturer” of goods in breach of the Consumer Guarantees Act 1993 – Whether the Court of Appeal erred in dismissing the applicants’ appeal against a decision of the High Court not to grant summary judgment – (cross-appeal) Whether the Court of Appeal was correct to set aside a decision of the High Court partially upholding a protest to jurisdiction.
Result
A The application for leave to appeal is dismissed.
B The applicants are to pay to the respondents costs of $2,500.
16 April 2019
B The applicants are to pay to the respondents costs of $2,500.
16 April 2019
High Court decision
Court of Appeal decision
Leave judgment - leave dismissed
Case name
ANZ Bank New Zealand Limited v Financial Markets Authority
Case number
SC 13/2019
Summary
Civil Appeal – Whether the Court of Appeal erred in holding that the Financial Market Authority’s disclosure of confidential documents obtained from ANZ to third parties was for a permitted purpose under s 59(3) under the Financial Markets Authority Act 2011.
Result
A The applications for leave to appeal in SC 13/2019 and SC 21/2019 are dismissed.
B Costs of $3,500 are awarded to the respondent.
12 April 2019
B Costs of $3,500 are awarded to the respondent.
12 April 2019
High Court decision
Not publicly available
Court of Appeal decision
Not publicly available
Leave judgment - leave dismissed
Case name
ANZ Bank New Zealand Limited v Financial Markets Authority
Case number
SC 21/2019
Summary
Civil Appeal – Whether the Court of Appeal erred in its redactions of two published judgments pending determination of the Applicant’s substantive appeal to the Supreme Court.
Result
A The applications for leave to appeal in SC 13/2019 and SC 21/2019 are dismissed.
B Costs of $3,500 are awarded to the respondent.
12 April 2019
B Costs of $3,500 are awarded to the respondent.
12 April 2019
High Court decision
Not publicly available
Court of Appeal decision
Not publicly available
Leave judgment - leave dismissed
Case name
Blue Reach Services Limited and Blue Reach Wireless Limited v Spark New Zealand Trading Limited
Case number
SC 24/2019
Summary
Civil Appeal – Whether the Court of Appeal was correct to uphold a decision of the High Court striking out the applicants’ claim on the basis it could not succeed by virtue of s 106 of the Commerce Act 1986.
Result
A The application for leave to appeal is dismissed.
B The applicant must pay the respondent costs of $4,500 plus usual disbursements.
28 June 2019
B The applicant must pay the respondent costs of $4,500 plus usual disbursements.
28 June 2019
High Court decision
Court of Appeal decision
Leave judgment - leave dismissed
Transcript
O'Regan, Ellen France and Williams JJ
Case name
FTG Securities Limited v Bank of New Zealand, Stephen John Tubbs, Colin Anthony Gower and Robert Bruce Walker
Case number
SC 27/2019
Summary
Civil Appeal – Whether a prohibition on assignment of a deed of priority and subordination without the consent of the other party is enforceable – Whether the Court of Appeal erred in refusing to make declarations as to the interpretation of the deed of priority and subordination.
Result
A The application for leave to appeal is dismissed.
B The applicant must pay costs of $4,500 to the respondents (to be shared equally between the first and third respondents unless they agree otherwise) plus usual disbursements.
26 August 2019
B The applicant must pay costs of $4,500 to the respondents (to be shared equally between the first and third respondents unless they agree otherwise) plus usual disbursements.
26 August 2019
District Court decision
Not publicly available
Court of Appeal decision
Leave judgment - leave dismissed
Transcript
Winkelmann CJ, O'Regan and Williams JJ
Case name
Vivien Judith Madsen-Ries and Henry David Levin as liquidators of Debut Homes Limited and Debut Homes Limited (in liquidation) v Leonard Wayne Cooper and Leonard Wayne Cooper and Tracey Cooper as trustees of the L & T Cooper Family Trust
Case number
SC 29/2019
Summary
Civil Appeal – Whether the Court of Appeal erred in interpreting s 136 of the Companies Act 1993 – Whether the Court of Appeal erred in considering the Respondent’s actions as a director under ss 131 and 135 of the Companies Act 1993.
Result
A The application for leave to appeal is granted (Debut Homes Ltd (in liq) v Cooper [2019] NZCA 39)
B The approved ground of appeal is whether the Court of Appeal was correct to allow the appeal.
21 June 2019
___________________________________________________________
A The appeal is allowed.
B The High Court orders outlined at [4(a)], (b) and (c) of this Court’s judgment are restored.
C The respondents must pay the appellants costs of $25,000 plus usual disbursements. Costs in the Courts below are to be determined in accordance with this judgment.
24 September 2020
B The approved ground of appeal is whether the Court of Appeal was correct to allow the appeal.
21 June 2019
___________________________________________________________
A The appeal is allowed.
B The High Court orders outlined at [4(a)], (b) and (c) of this Court’s judgment are restored.
C The respondents must pay the appellants costs of $25,000 plus usual disbursements. Costs in the Courts below are to be determined in accordance with this judgment.
24 September 2020
Media Releases
- MR [2020] NZSC 100 (PDF, 74 KB)
High Court decision
Court of Appeal decision
Leave judgment - leave granted
Substantive judgment
Recall judgment
Transcript
Winkelmann CJ, Glazebrook, O'Regan, Ellen France and Williams JJ
Case name
International Consolidated Business Pty Limited v S C Johnson & Son Inc
Case number
SC 32/2019
Summary
Civil Appeal – Whether the Court of Appeal erred in allowing the respondent’s application to trademark of the word ZIPLOC to proceed to registration – Whether the Court of Appeal correctly interpreted s 68(2) of the Trade Marks Act 2002.
Result
A The application for leave to appeal (International Consolidated Business Pty Ltd v S C Johnson & Son Inc [2019] NZCA 61) is granted to the extent set out in B. It is otherwise dismissed.
B The approved ground of appeal is whether the Court of Appeal correctly interpreted s 68(2) of the Trade Marks Act 2002.
9 July 2019
__________________________________________________
A The appeal is dismissed.
B The appellant must pay the respondent costs of $10,000 plus usual disbursements.
15 October 2020
B The approved ground of appeal is whether the Court of Appeal correctly interpreted s 68(2) of the Trade Marks Act 2002.
9 July 2019
__________________________________________________
A The appeal is dismissed.
B The appellant must pay the respondent costs of $10,000 plus usual disbursements.
15 October 2020
Transcripts
- Hearing date 20 February 2020 (PDF, 362 KB)
Media Releases
- MR [2020] NZSC 110 (PDF, 261 KB)
High Court decision
Court of Appeal decision
Leave judgment - leave granted
Substantive judgment
Hearing date
20 February 2020
Winkelmann CJ, Glazebrook, O’Regan, Ellen France and Williams JJ
Case name
Commissioner of Inland Revenue v Chatfield & Co Limited and Chatfield & Co
Case number
SC 34/2019
Summary
Civil Appeal – Tax Administration Act 1994, s 17 – Whether the Court of Appeal erred in upholding the decision of the High Court that notices issued by the Commissioner requiring the respondent company to furnish certain information were unlawful.
Result
A The application for leave to appeal is dismissed.
B The applicant must pay costs of $2,500 to the respondents.
7 August 2019
B The applicant must pay costs of $2,500 to the respondents.
7 August 2019
High Court decision
Court of Appeal decision
Leave judgment - leave dismissed
Case name
Michael Edwin Kooiman v F M Custodians Limited
Case number
SC 36/2019
Summary
Civil Appeal – Whether the Court of Appeal erred in concluding that the managing director of the fund manager had authority to commence proceedings on behalf of the respondent.
Result
A The application for leave to appeal is dismissed.
B The applicant must pay the respondent costs of $2,500.
19 July 2019
B The applicant must pay the respondent costs of $2,500.
19 July 2019
High Court decision
Court of Appeal decision
Leave judgment - leave dismissed
Page 20 of 78