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
James John Duncan Macfarlane v Perpetual Trust Limited
Case number
SC 80/2018
Summary
Civil Appeal – Whether the Court of Appeal erred in upholding the High Court’s decision to remove a caveat over a property and grant vacant possession.
Result
A The application for leave to appeal is dismissed.
B Costs of $2,500 are awarded to the respondent
14 November 2018
B Costs of $2,500 are awarded to the respondent
14 November 2018
High Court decision
Court of Appeal decision
Leave judgment - leave dismissed
Case name
Anthony Donald Grooby v The Queen
Case number
SC 85/2018
Summary
Criminal Appeal – Whether the Court of Appeal erred in holding that the trial Judge was not required to direct the jury on the standard of proof to which propensity evidence must be proved before the jury can consider it in reaching its verdict.
Result
The application for leave to appeal is dismissed. 26 November 2018
Leave judgment - leave dismissed
Court of Appeal decision
Case name
Shark Experience Limited v Pauamac5 Incorporated, Director-General of Conservation and Shark Dive New Zealand Limited
Case number
SC 86/2018
Summary
Civil Appeal – Whether the Court of Appeal erred in its interpretation of the Wildlife Act 1953.
Result
A The application for an extension of time is granted.
B The application for leave to appeal is granted (PauaMAC5 Inc v Director-General of Conservation [2018] NZCA 348).
C The approved ground of appeal is whether the Court of Appeal was correct to hold that shark cage diving is an offence under s 63A of the Wildlife Act 1953.
11 December 2018
________________________________
A The application for leave to adduce further evidence is dismissed.
B The appeal is allowed.
C The Court of Appeal’s declaration that “Shark cage diving is an offence under s 63A Wildlife Act 1953” is set aside.
D There is no order as to costs.
11 October 2019
B The application for leave to appeal is granted (PauaMAC5 Inc v Director-General of Conservation [2018] NZCA 348).
C The approved ground of appeal is whether the Court of Appeal was correct to hold that shark cage diving is an offence under s 63A of the Wildlife Act 1953.
11 December 2018
________________________________
A The application for leave to adduce further evidence is dismissed.
B The appeal is allowed.
C The Court of Appeal’s declaration that “Shark cage diving is an offence under s 63A Wildlife Act 1953” is set aside.
D There is no order as to costs.
11 October 2019
Transcripts
- Hearing date 26 March 2019 (PDF, 687 KB)
Media Releases
- MR [2019] NZSC 111 (PDF, 98 KB)
High Court decision
Court of Appeal decision
Leave judgment - leave granted
Substantive judgment
Supreme court decision
Case name
Robt Jones Holdings Limited v Anthony John McCullagh and Stephen Mark Lawrence liquidators of Northern Crest Investments Limited
Case number
SC 87/2018
Summary
Civil Appeal – Companies Act 1993, s 292 – Whether the Court of Appeal erred in finding that there is no requirement in s 292 that a voidable transaction diminish the pool of assets available to creditors.
Result
A Leave to appeal is granted (Robt Jones Holdings Ltd v McCullagh [2018] NZCA 358).
B The approved question is whether the payments totalling $262,758.05 made to the applicant by MSH No 2 Pty Ltd on behalf of Northern Crest Investments Ltd were insolvent transactions as defined in s 292 of the Companies Act 1993.
6 December 2018
___________________________
A The appeal is dismissed.
B The appellant must pay the respondents costs of $25,000 plus usual disbursements.
9 August 2019
B The approved question is whether the payments totalling $262,758.05 made to the applicant by MSH No 2 Pty Ltd on behalf of Northern Crest Investments Ltd were insolvent transactions as defined in s 292 of the Companies Act 1993.
6 December 2018
___________________________
A The appeal is dismissed.
B The appellant must pay the respondents costs of $25,000 plus usual disbursements.
9 August 2019
Transcripts
- Hearing date 30 April 2019 (PDF, 353 KB)
Media Releases
- MR [2019] NZSC 86 (PDF, 63 KB)
High Court decision
Court of Appeal decision
Leave judgment - leave granted
Substantive judgment
Case name
Karl Teangiotau Nuku v The Queen
Case number
SC 89/2018
Summary
Criminal Appeal – Whether the Court of Appeal erred in holding that errors at trial were not capable of affecting the outcome of the trial – Whether an extension of time to bring an application for leave to appeal should be granted.
Result
The application for leave to appeal is dismissed. 20 November 2018
Court of Appeal decision
Leave judgment - leave dismissed
High/District Court Judgment
Not publicly available
Case name
Dermot Gregory Nottingham v Maltese Cat Limited, Clyde Maclean and Elizabeth Currie
Case number
SC 90/2018
Summary
Civil Appeal – Whether the Court of Appeal erred in declining to grant an extension of time to file the case on appeal under rule 43 of the Court of Appeal (Civil) Rules 2005
Result
A The application for leave to appeal is dismissed.
B There is no order as to costs.
22 August 2019
B There is no order as to costs.
22 August 2019
High Court decision
High Court decision
Court of Appeal decision
Leave judgment - leave dismissed
Transcript
Case name
Jiri Kupec v The Queen
Case number
SC 92/2018
Summary
Criminal Appeal – Whether the Court of Appeal erred in holding that the trial Judge correctly applied the formulation of recklessness adopted in Cameron v R [2017] NZSC 89 – Whether the Court of Appeal erred in finding that the trial Judge was correct to dismiss a defence submission that, if the applicant proved an innocent state of mind, an acquittal should follow – Whether the Court of Appeal was wrong to find that the trial Judge’ s direction on the applicant’s out of court statement was adequate.
Result
The application for leave to appeal is dismissed.
22 November 2018
22 November 2018
Court of Appeal decision
Leave judgment - leave dismissed
JIRI KUPEC v R [2018] NZSC 113 [22 November 2018] (PDF, 41 KB)
Case name
H v The Queen
Case number
SC 97/2018
Summary
Criminal Appeal – Whether the Court of Appeal was correct to hold that s 322 of the Oranga Tamariki Act 1989 does not apply to the applicant’ s charge of rape – If s 322 does apply to the charge, whether the rape charge should have been dismissed prior to the applicant’s trial.
Result
A The application for leave to appeal against the conviction for rape is granted (H (CA376/2017) v R [2018] NZCA 376).
B The approved question is whether, in dealing with delay, the Court of Appeal correctly dealt with the age of the appellant (including the application of s 322 of the Oranga Tamariki Act 1989).
21 February 2019
_______________________________
The appeal is dismissed.
3 July 2019
B The approved question is whether, in dealing with delay, the Court of Appeal correctly dealt with the age of the appellant (including the application of s 322 of the Oranga Tamariki Act 1989).
21 February 2019
_______________________________
The appeal is dismissed.
3 July 2019
Media Releases
- MR [2019] NZSC 69 (PDF, 65 KB)
High Court decision
Not publicly available
Court of Appeal decision
Not publicly available
Leave judgment - leave granted
H (SC 97/2018) v R [2019] NZSC 4 [21 February 2019] (PDF, 183 KB)
Substantive judgment
H (SC 97/2018) v R [2019] NZSC 69 [3 July 2019] (PDF, 122 KB)
Case name
Incodo Limited v Kop-Coat New Zealand Limited and Kop-Coat Incorporated
Case number
SC 99/2018
Summary
Civil appeal – Contract law – Whether the Court of Appeal erred in finding that there was no binding agreement reached between the parties and in its observations about the quantum of damages awarded by the High Court.
Result
A Notice of Abandonment having being filed the application for leave to appeal is deemed to be dismissed.
13 February 2019
13 February 2019
High Court decision
Court of Appeal decision
Case name
Jia Wen Mao v Inno Capital No.4 Limited, Damien Grant and Steven Khov as Liquidators of Chen Hong Co Limited (in liquidation)
Case number
SC 100/2018
Summary
Civil Appeal – High Court Rules 2016, Part 31 – Companies Act 1993, s 250 – Termination of a liquidation order – Substitution of creditors – Whether the Court of Appeal erred in finding that the substitution order was made under r 31.24 of the High Court Rules.
Result
A The application for leave to appeal is dismissed.
B The applicant must pay the second respondent costs of $2,500.
26 February 2019
B The applicant must pay the second respondent costs of $2,500.
26 February 2019
Court of Appeal decision
High Court decision
Leave judgment - leave dismissed
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