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
Stevenson Brown Limited v Montecillo Trust
Case number
SC 34/2017
Summary
Civil Appeal – Whether the Court of Appeal erred in finding that a short form agreement limiting the liability of the applicant was not incorporated into the contract of engagement between the applicant and respondent.
Result
A The application for leave to appeal is dismissed.
B Costs of $2,500 are awarded to the respondent.
22 June 2017
B Costs of $2,500 are awarded to the respondent.
22 June 2017
High Court decision
Leave judgment - leave dismissed
Judgment appealed from
Case name
Southland Indoor Leisure Centre Charitable Trust v Invercargill City Council
Case number
SC 37/2017
Summary
Civil Appeal – Whether the Court of Appeal erred in finding that no duty of care was owed by the Invercargill City Council to the Southland Indoor Leisure Centre Charitable Trust – Whether the Court of Appeal erred in its application of limitation and contributory negligence principles
Result
A Leave to appeal is granted (Invercargill City Council v Southland Indoor Leisure Centre Charitable Trust
[2017] NZCA 68).
B The approved question is whether the Court of Appeal was correct to reverse the judgment of Dunningham J.
30 May 2017
__________________________
A The appeal is allowed in part.
B The finding made in the High Court upholding the appellant’s claim against the respondent is restored. The finding of the Court of Appeal that the appellant was contributorily negligent and that an award of damages should be reduced by 50 per cent is upheld. Judgment is entered accordingly. Leave is reserved to the parties to apply if any issues arise about the calculation of the judgment sum (including interest).
C The respondent must pay the appellant costs of $15,000 and reasonable disbursements to be determined by the Registrar if necessary. We allow for second counsel.
D The costs awards made in the Court of Appeal and in the High Court are set aside. If costs in those Courts cannot be agreed they should be set by the Court of Appeal and the High Court respectively in light of this judgment.
14 December 2017
[2017] NZCA 68).
B The approved question is whether the Court of Appeal was correct to reverse the judgment of Dunningham J.
30 May 2017
__________________________
A The appeal is allowed in part.
B The finding made in the High Court upholding the appellant’s claim against the respondent is restored. The finding of the Court of Appeal that the appellant was contributorily negligent and that an award of damages should be reduced by 50 per cent is upheld. Judgment is entered accordingly. Leave is reserved to the parties to apply if any issues arise about the calculation of the judgment sum (including interest).
C The respondent must pay the appellant costs of $15,000 and reasonable disbursements to be determined by the Registrar if necessary. We allow for second counsel.
D The costs awards made in the Court of Appeal and in the High Court are set aside. If costs in those Courts cannot be agreed they should be set by the Court of Appeal and the High Court respectively in light of this judgment.
14 December 2017
Transcripts
- Hearing date 10 - 11 August 2017 (PDF, 853 KB)
Media Releases
- MR [2017] NZSC 190 (PDF, 280 KB)
High Court decision
Court of Appeal decision
Leave judgment - leave granted
Substantive judgment
Case name
ActiveDocs Limited v Cadre Investments Limited, Michael William Scott and Stanbridge and Treasury Mrechant Finance Limited
Case number
SC 49/2017
Summary
Civil Appeal – Whether the Court of Appeal erred in its interpretation of the contract regarding preference shares – Whether High Court erred by invoking a presumption that dividends from preference shares are calculated cumulative.
Result
A The application for leave to appeal is dismissed.
B The applicant must pay costs to the respondents of $2,500.
20 June 2017
B The applicant must pay costs to the respondents of $2,500.
20 June 2017
High Court decision
Leave judgment - leave dismissed
Judgment appealed from
Case name
Earl Raymond Hagaman v Andrew James Little
Case number
SC 53/2017
Summary
Civil Appeal – Whether the High Court erred in holding that the respondent was entitled to claim the defence of qualified privilege in relation to allegedly defamatory statements made by him about the applicant – Whether exceptional circumstances exist warranting a direct appeal to the Supreme Court.
Result
A notice of abandonment having been lodged, the appeal is deemed to be dismissed.
12 June 2017
Judgment appealed from -HC judgment
Case name
Chatfield & Co Limited v Commissioner of Inland Revenue
Case number
SC 55/2017
Summary
Civil Appeal – Tax Administration Act 1994, s 17 – Whether the Court of Appeal erred in finding that the Commissioner of Inland Revenue has not created a legitimate expectation by publishing operational statements.
Result
A The application for leave to appeal is dismissed.
B The applicant is to pay costs of $2,500 to the respondent.
11 August 2017
B The applicant is to pay costs of $2,500 to the respondent.
11 August 2017
Leave judgment - leave dismissed
High Court decision
Judgment appealed from
Case name
Torchlight Fund No 1 LP (in receivership) and NZ Credit Fund (GP) 1 Limited v Wilaci Pty Limited
Case number
SC 56/2017
Summary
Civil Appeal – Whether the Court of Appeal erred in holding that a late payment fee was not an unlawful penalty.
Result
A The application for leave to appeal is dismissed.
B The applicants must pay the respondent costs of $2,500.
14 July 2017
B The applicants must pay the respondent costs of $2,500.
14 July 2017
High Court decision
Leave judgment - leave dismissed
Judgment appealed from
Case name
David Charles Browne and David Browne Contractors Limited and David Browne Mechanical Limited v David Ross Petterson as liquidator of Polyethylene Pipe Systems Limited (in liquidation)
Case number
SC 57/2017
Summary
Civil Appeal – Companies Act 1993 – Whether the Court of Appeal erred in its approach to, and appreciation of, the evidence – Whether the Court of Appeal erred in its application of ss 295(a), 299(1) and 299(3) of the Companies Act 1993. [2016] NZCA 189 CA291/2015
Result
A The application for leave to appeal by Mr Browne is dismissed.
B Leave to appeal is granted to David Browne Contractors Ltd and David Browne Mechanical Ltd.
The approved question is whether the orders for repayment ought to have been made against them.
C Costs are reserved.
16 August 2016
____________________
A The appeal is dismissed.
B The appellants must pay the respondent costs of $30,000 plus reasonable disbursements (to be
determined by the Registrar in the absence of agreement). We certify for two counsel.
7 August 2017
B Leave to appeal is granted to David Browne Contractors Ltd and David Browne Mechanical Ltd.
The approved question is whether the orders for repayment ought to have been made against them.
C Costs are reserved.
16 August 2016
____________________
A The appeal is dismissed.
B The appellants must pay the respondent costs of $30,000 plus reasonable disbursements (to be
determined by the Registrar in the absence of agreement). We certify for two counsel.
7 August 2017
Transcripts
- Hearing date 10 November 2016 (PDF, 512 KB)
Media Releases
- MR [2017] NZSC 116 (PDF, 267 KB)
High Court decision
Court of Appeal decision
Leave judgment - leave granted
Case name
Maythem Kamil Radhi v District Court at Manukau and The Commonwealth of Australia
Case number
SC 57/2017
Summary
Civil Appeal – Extradition Act 1999, s 48 – Whether the Court of Appeal erred in holding that it would not be unjust or oppressive to extradite the applicant – Whether the Court of Appeal erred in dismissing the application to adduce further evidence.
Result
A Leave to appeal is granted (Radhi v District Court at Manukau [2017] NZCA 157).
B The approved question is whether the Court of Appeal was correct to conclude that circumstances of the applicant did not warrant a reference to the Minister of Justice under s 48(4)(a)(ii) of the Extradition Act 1999.
18 August 2017
________________________
A The appeal is allowed.
B The appellant’s case is referred to the Minister of Justice pursuant to s 48(4)(a)(ii) of the Extradition Act 1999.
C Costs are reserved.
21 December 2017
B The approved question is whether the Court of Appeal was correct to conclude that circumstances of the applicant did not warrant a reference to the Minister of Justice under s 48(4)(a)(ii) of the Extradition Act 1999.
18 August 2017
________________________
A The appeal is allowed.
B The appellant’s case is referred to the Minister of Justice pursuant to s 48(4)(a)(ii) of the Extradition Act 1999.
C Costs are reserved.
21 December 2017
Transcripts
- Hearing date 17 August 2017 (PDF, 207 KB)
Media Releases
- MR [2017] NZSC 198 (PDF, 331 KB)
High Court decision
Court of Appeal decision
Leave judgment - leave granted
Additional document
Transcription hearing date 11 October 2017 (PDF, 269 KB)
Additional document
Transcription hearing date 22 November 2017 (PDF, 162 KB)
Substantive judgment
Case name
Civil Aviation Authority of New Zealand v Heli-logging Limited (in rec and liq). And Mark Wayne Ford in his capacity as Trustee of the Wessex Trust, and Mark Wayne Ford
Case number
SC 62/2017
Summary
Civil Appeal – Limitation Act 1950, s 28 – Whether the Court of Appeal erred in finding that there was an arguable case for a postponement of the limitation period under s 28 of the Limitation Act 1950.
Result
A The application for leave to appeal is dismissed.
B Costs of $2,500 are awarded to the respondents.
31 August 2017
B Costs of $2,500 are awarded to the respondents.
31 August 2017
Leave judgment - leave dismissed
High Court decision
Case name
Lakes Edge Developments Limited v Kawarau Village Holdings Limited
Case number
SC 63/2017
Summary
Civil Appeal – Whether the Court of Appeal erred in upholding a decision refusing summary judgment – Whether Court of Appeal erred in its analysis of the tort of continuing trespass.
Result
A notice of abandonment having been lodged, the appeal is deemed to be dismissed. 28 August 2017
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