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
FMV v TZB
Case number
SC 72/2019
Summary
Civil Appeal – Jurisdiction – Employment Relations Act 2000, s 161(1)(r) – Whether the Court of Appeal erred in holding that the Employment Relations Authority had exclusive jurisdiction over the applicant’s claim that her employer breached various duties of care in relation to her employment – Whether the Court erred in upholding the High Court’s order granting permanent name suppression.
Result
A The application for leave to appeal is granted (FMV v TZB [2019] NZCA 282).
B The approved question is whether the Court of Appeal was correct to dismiss the appeal.
8 October 2019
________________________________________________
A The High Court’s suppression order is amended to suppress only the identities of the parties and to remain in force so long as the suppression order made by the Employment Relations Authority remains in force.
B The appeal is otherwise dismissed.
C Costs are reserved.
20 August 2021
B The approved question is whether the Court of Appeal was correct to dismiss the appeal.
8 October 2019
________________________________________________
A The High Court’s suppression order is amended to suppress only the identities of the parties and to remain in force so long as the suppression order made by the Employment Relations Authority remains in force.
B The appeal is otherwise dismissed.
C Costs are reserved.
20 August 2021
Transcripts
- Hearing transcript 17 March 2020 SC 72 2019 (PDF, 509 KB)
Media Releases
- MR [2021] NZSC 102 (PDF, 195 KB)
High Court decision
Court of Appeal decision
Leave judgment - leave granted
FMV v TZB [2019] NZSC 108 [8 October 2019] (PDF, 32 KB)
Substantive judgment
FMV v TZB [2021] NZSC 102 [20 August 2021] (PDF, 392 KB)
Supreme court decision
Hearing date
17 March 2020
Winkelmann CJ, William Young, Glazebrook, O'Regan and Williams JJ
Case name
GP96 Limited v PVG Securites Trustee Limited and F M Custodians Limited
Case number
SC 78/2019
Summary
Civil Appeal – Whether the Court of Appeal erred in finding the appellant’s lease had been terminated – Whether the Court of Appeal erred in determining priority between provisions of the mortgage and the lease
Result
A An extension of time to apply for leave to appeal is granted in respect of both applications.
B The applications for leave to appeal are dismissed.
C GP96 Ltd must pay costs of $2,500 to each of the respondents.
7 November 2019
B The applications for leave to appeal are dismissed.
C GP96 Ltd must pay costs of $2,500 to each of the respondents.
7 November 2019
High Court decision
Court of Appeal decision
Leave judgment - leave dismissed
Case name
GP96 Limited v F M Custodians Limited
Case number
SC 79/2019
Summary
Civil Appeal – Whether the Court of Appeal erred in finding the appellant’s lease had been terminated – Whether the Court of Appeal erred in determining priority between provisions of the mortgage and the lease, on standard form documents
Result
A An extension of time to apply for leave to appeal is granted in respect of both applications.
B The applications for leave to appeal are dismissed.
C GP96 Ltd must pay costs of $2,500 to each of the respondents.
7 November 2019
B The applications for leave to appeal are dismissed.
C GP96 Ltd must pay costs of $2,500 to each of the respondents.
7 November 2019
High Court decision
Court of Appeal decision
Leave judgment - leave dismissed
Case name
Harry Memelink and Lynx Trustees Limited as Trustees of Link Trust (No 1) and Harry Memelink v Collins and May Law
Case number
SC 87/2019
Summary
Civil Appeal – Whether the Court of Appeal erred in overturning a High Court judgment that the respondent law firm was negligent in a conveying transaction.
Result
A The application for an extension of time to apply for leave to appeal is dismissed.
B The first applicant must pay the respondent costs of $2,500. Given the position at [2], we make no costs award against the second applicant.
11 October 2019
B The first applicant must pay the respondent costs of $2,500. Given the position at [2], we make no costs award against the second applicant.
11 October 2019
Court of Appeal decision
High Court decision
Leave judgment - leave dismissed
Case name
Riki Scott Steen Walls v Ulsterman Holdings Limited (in liquidation) and Vivien Madsen-Ries and Henry David Levin as liquidators of Ulsterman Holdings Limited (in liquidation)
Case number
SC 88/2019
Summary
Civil Appeal – High Court Rules 2016 – Whether the Court of Appeal erred in finding that neither the New Zealand Bill of Rights Act 1990 nor the principles of natural justice were engaged in interpreting r 15.9(2) of the High Court Rules 2016 in the applicant’s circumstances.
Result
A The application for leave to appeal is dismissed.
B The applicant must pay costs of $2,500 to the second respondents.
15 November 2019
B The applicant must pay costs of $2,500 to the second respondents.
15 November 2019
High Court decision
Court of Appeal decision
Leave judgment - leave dismissed
Case name
Sealegs International Limited v Yun Zhang, Orion Limited and Orion Marine Limited, Smuggler Marine Limited, Darren Leybourne, Vladan Zubcic, David Pringle and Stryda Marine Limited
Case number
SC 96/2019
Summary
Civil Appeal – Whether the Court of Appeal erred in its approach to “functional operability” or “functional constraints” in determining whether industrially applied artistic works were protected by copyright law.
Result
A The application for leave to appeal is dismissed.
B The applicant must pay costs of $4,500 plus usual disbursements to the respondents collectively.
13 December 2019
B The applicant must pay costs of $4,500 plus usual disbursements to the respondents collectively.
13 December 2019
High Court decision
Court of Appeal decision
Leave judgment - leave dismissed
Transcript
Case name
Calim Ioan v Scott Technology NZ Limited
Case number
SC 99/2019
Summary
Civil Appeal – Whether the Court of Appeal correctly applied s 67B of the Employment Relations Act 2000 in relation to the termination of the applicant’s employment – Whether the applicant was unjustifiably dismissed based on the notice period.
Result
A The application for leave to appeal is dismissed.
B Costs of $2,500 are awarded to the respondent.
19 November 2019
B Costs of $2,500 are awarded to the respondent.
19 November 2019
Employment Court decision
Court of Appeal decision
Leave judgment - leave dismissed
Case name
Rangitira Developments Limited v Royal Forest and Bird Protection Society of New Zealand Incorporated
Case number
SC 100/2019
Result
A Leave to appeal is granted (Royal Forest and Bird Protection Society of New Zealand Inc v Rangitira Developments Ltd [2018] NZCA 445, [2019] NZRMA 233).
B The approved question is whether the Court of Appeal was in error in setting aside the declarations made at [86] of the judgment of the High Court (Rangitira Developments Ltd v Royal Forest and Bird Protection Society Ltd [2018] NZHC 146, (2018) 20 ELRNZ 312).
C There is no order as to costs.
5 November 2019
_________________________________________
A The appeal is dismissed.
B The appellant must pay the respondent costs of $25,000 plus usual disbursements.
15 July 2020
B The approved question is whether the Court of Appeal was in error in setting aside the declarations made at [86] of the judgment of the High Court (Rangitira Developments Ltd v Royal Forest and Bird Protection Society Ltd [2018] NZHC 146, (2018) 20 ELRNZ 312).
C There is no order as to costs.
5 November 2019
_________________________________________
A The appeal is dismissed.
B The appellant must pay the respondent costs of $25,000 plus usual disbursements.
15 July 2020
Transcripts
- Hearing date 19 May 2020 (PDF, 450 KB)
Media Releases
- MR [2020] NZSC 66 (PDF, 125 KB)
High Court decision
Court of Appeal decision
Leave judgment - leave granted
Substantive judgment
[2020] NZSC 66 (PDF, 150 KB)
Summary
Date of hearing
19 May 2020
Winkelmann CJ, William Young, Glazebrook, O'Regan and Ellen France JJ
Case name
Southern Response Earthquake Services Limited v Brendan Miles Ross and Colleen Anne Ross
Case number
SC 105/2019
Summary
Civil Appeal – Civil procedure – Class actions – Whether the Court of Appeal erred in holding that an opt-out procedure should be the norm for class actions in New Zealand – Whether the Court of Appeal erred in holding that an opt-out approach was appropriate for the class action in this case.
Result
A The application for leave to appeal is granted (Ross v Southern Response Earthquake Services Ltd [2019] NZCA 431).
B The approved ground of appeal is whether the Court of Appeal was correct to allow the appeal.
9 December 2019
_____________________________________
A The appeal is dismissed.
B The appellant must pay the respondents costs of $35,000 plus usual disbursements. We certify for second counsel.
17 November 2020
B The approved ground of appeal is whether the Court of Appeal was correct to allow the appeal.
9 December 2019
_____________________________________
A The appeal is dismissed.
B The appellant must pay the respondents costs of $35,000 plus usual disbursements. We certify for second counsel.
17 November 2020
Transcripts
- Hearing date 15 - 16 June 2020 (PDF, 886 KB)
Case Synopses
- Southern Response v Ross synopsis June 2020 (PDF, 153 KB)
Media Releases
- MR [2020] NZSC 126 (PDF, 196 KB)
High Court decision
Court of Appeal decision
Supreme court decision
Leave judgment - leave granted
Substantive judgment
Case name
Port Otago Limited v Environmental Defence Society Incorporated , Otago Regional Council, Royal Forest and Bird Protection Society of New Zealand Incorporated and Marlborough District Council
Case number
SC 107/2019
Summary
Civil Appeal - Application for leave to bring an appeal
Result
A The application for leave to appeal is dismissed.
B The applicant must pay costs of $2,000 plus usual disbursements to each of the first, second and third respondents.
22 April 2020
B The applicant must pay costs of $2,000 plus usual disbursements to each of the first, second and third respondents.
22 April 2020
Transcripts
- Hearing date 18 March 2020 (PDF, 217 KB)
Additional document
High Court decision
Leave judgment - leave dismissed
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