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
Graham D’Arcy-Smith v Natural Habitats Limited
Case number
SC 19/2016
Summary
Civil appeal – Whether the Employment Court erred in determining that the applicant was not an employee – Whether the Employment Court erred in not addressing a matter argued by the applicant.[2015] NZEmpC 123 ARC 57/14
Result
The application for leave to appeal is dismissed.
The applicant must pay costs of $500 to the respondent.
28 April 2016
The applicant must pay costs of $500 to the respondent.
28 April 2016
Leave judgment - leave dismissed
Case name
New Zealand Aluminium Smelters Limited v Weller & Ors
Case number
SC 20/2016
Summary
Civil Appeal – Whether the Court of Appeal erred in its interpretation of s 7A of the Holidays Act 1981. [2016] NZCA 19 CA 313/2014
Result
A The application for leave to appeal is dismissed.
B Costs of $2,500 are awarded to the respondents.
27 April 2016
B Costs of $2,500 are awarded to the respondents.
27 April 2016
Employment Court decision
Leave judgment - leave dismissed
Case name
John Morgan MacKenzie v The Attorney-General
Case number
SC 21/2016
Summary
Civil Appeal – Limitation Act 1950 – Whether the High Court erred in its interpretation of the Limitation Act 1950. [2015] NZHC 1876 CIV 2012-470-000977
Result
The application for leave to appeal is dismissed.
1 June 2016 __
1 June 2016 __
Leave judgment - leave dismissed
Recall judgment
Judgment appealed from
Case name
Prattley Enterprises Limited v Vero Insurance New Zealand Limited
Case number
SC 32/2016
Summary
Civil Appeal – Whether the Court of Appeal incorrectly assessed the applicant’s entitlement under the insurance policy issued by the respondent – Whether the applicant is entitled to relief from the parties’ settlement agreement under s 6 of the Contractual Mistakes Act 1977.[2016] NZCA 67 CA 400/2015
Result
A Leave to appeal is granted (Prattley Enterprises Limited v Vero Insurance New Zealand Limited [2016] NZCA 67).
B The approved grounds are:
(a) the nature and extent of the respondent’s liability under the insurance policy; and
(b) the effect of the release.
20 June 2016
____________
A The appeal is dismissed.
B Prattley is to pay Vero costs of $25,000 together with reasonable disbursements to be fixed by the Registrar.
6 December 2016
B The approved grounds are:
(a) the nature and extent of the respondent’s liability under the insurance policy; and
(b) the effect of the release.
20 June 2016
____________
A The appeal is dismissed.
B Prattley is to pay Vero costs of $25,000 together with reasonable disbursements to be fixed by the Registrar.
6 December 2016
Transcripts
- Hearing date 10 - 11 October 2016 (PDF, 838 KB)
Media Releases
- MR [2016] NZSC 158 (PDF, 246 KB)
High Court decision
Court of Appeal decision
Leave judgment - leave granted
Substantive judgment
Case name
Yong Xin Chen v The Cornwall Park Trust Board
Case number
SC 34/2016
Summary
Civil Appeal – Whether the Court of Appeal erred in its interpretation of a lease[2016] NZCA 65 CA 645/2014
Result
A The application for leave to appeal is granted (Cornwall Park Trust Board Inc v Chen [2016] NZCA 65).
B The approved questions are whether the Court of Appeal was correct:
(i) to hold that the applicant is liable under the lease to pay the upset rental from the date of expiry of the lease until she vacated the property; and
(ii) in interpreting and applying the applicant’s repair obligations under the lease.
4 July 2016 ____________ Notice of abandonment lodged, the appeal is deemed to be dismissed. 26 September 2016
B The approved questions are whether the Court of Appeal was correct:
(i) to hold that the applicant is liable under the lease to pay the upset rental from the date of expiry of the lease until she vacated the property; and
(ii) in interpreting and applying the applicant’s repair obligations under the lease.
4 July 2016 ____________ Notice of abandonment lodged, the appeal is deemed to be dismissed. 26 September 2016
High Court decision
Leave judgment - leave granted
Judgment appealed from
Hearing
15 November 2016
William Young, Glazebrook, Arnold, O'Regan and Blanchard JJ.
Case name
Augustine Lau v UMH Group Limited
Case number
SC 43/2016
Summary
Civil appeal - Whether the Court of Appeal erred in declining to grant an extension of time in which to appeal a High Court order extinguishing a land covenant. [2016] NZCA 132 CA692/2015
Result
A The application for leave to appeal is dismissed.
B The applicant must pay costs of $1,500 to the respondent.
5 July 2016
B The applicant must pay costs of $1,500 to the respondent.
5 July 2016
High Court decision
Not publicly available
Leave judgment - leave dismissed
Judgment appealed from
Case name
Vivien Judith Madsen-Ries and David Stuart Vance as Liquidators of Petranz Limited (in liquidation) and Petranz Limited (in liquidation) v Darrell Warren Karaneihana and Diana Joy Petera
Case number
SC 46/2016
Summary
Civil Appeal – Companies Act 1993 – Whether the Court of Appeal erred in its application of s 161– Whether the Court of Appeal erred in taking into consideration that if the liquidators were successful that surplus funds would be returned to the directors and shareholders pursuant to Morgenstern v Jeffreys [2014] NZSC 176 – Whether the Court of Appeal erred in holding that ss 131–138 are codification of directors’ duties. [2016] NZCA 103 CA198/2015
Result
A The application for leave to appeal is dismissed.
B There is no order for costs. 28 July 2016
B There is no order for costs. 28 July 2016
Leave judgment - leave dismissed
High Court decision
Case name
Crocodile International PTE Limited v Lacoste
Case number
SC 47/2016
Summary
Civil Appeal – Trade Marks Act 2002, s 7(1)(a) – Whether the Court of Appeal erred in its interpretation and application of s 7(1)(a) Trade Marks Act 2002. [2016] NZCA 111 CA607/2014
Result
A Leave to appeal is granted (Crocodile International Pte Ltd v Lacoste [2016] NZCA 111).
B The approved question is:
Did the Court of Appeal err in upholding the High Court decision to set aside the order made by the Assistant Commissioner of Trade Marks revoking trade mark 70068?
19 July 2016
_____________
A The appeal is allowed. Registration of trade mark 70068 is revoked from 12 December 1999.
B Costs of $25,000 plus usual disbursements are awarded to the appellant (to be fixed by the Registrar if necessary). We certify for two counsel.
C Costs in the courts below should be set by those courts in the light of this judgment, if they are not able to be agreed.
21 February 2017
B The approved question is:
Did the Court of Appeal err in upholding the High Court decision to set aside the order made by the Assistant Commissioner of Trade Marks revoking trade mark 70068?
19 July 2016
_____________
A The appeal is allowed. Registration of trade mark 70068 is revoked from 12 December 1999.
B Costs of $25,000 plus usual disbursements are awarded to the appellant (to be fixed by the Registrar if necessary). We certify for two counsel.
C Costs in the courts below should be set by those courts in the light of this judgment, if they are not able to be agreed.
21 February 2017
Transcripts
- Hearing date 30 August 2016 (PDF, 582 KB)
Media Releases
- MR [2017] NZSC 14 (PDF, 293 KB)
Additional document
High Court decision
Court of Appeal decision
Leave judgment - leave granted
Substantive judgment
Case name
New Zealand Air Line Pilots' Association Incorporated v Air New Zealand Limited
Case number
SC 48/2016
Summary
Civil Appeal – Whether the Court of Appeal erred in concluding that the respondent’s appeal from the Employment Court was not barred for want of jurisdiction by reason of s 214(1) of the Employment Relations Act 2000 – Whether the Court of Appeal erred in holding that the Employment Court had wrongly applied or failed to apply orthodox principles of contractual interpretation. [2016] NZCA 131 CA570/2014
Result
A Leave to appeal is granted (Air New Zealand Limited v New Zealand Air Line Pilots’ Association Incorporated [2016] NZCA 131)
B The approved question is should the Court of Appeal have dismissed the appeal for lack of jurisdiction?
13 July 2016
___________________
A The appeal is dismissed.
B Leave to admit the affidavit evidence adduced by Air New Zealand Limited in support of the application for leave to appeal in the Court of Appeal is declined.
C The appellant is to pay to the respondent costs of $25,000 plus usual disbursements (to be fixed by the Registrar if necessary). We certify for two counsel.
14 July 2017
B The approved question is should the Court of Appeal have dismissed the appeal for lack of jurisdiction?
13 July 2016
___________________
A The appeal is dismissed.
B Leave to admit the affidavit evidence adduced by Air New Zealand Limited in support of the application for leave to appeal in the Court of Appeal is declined.
C The appellant is to pay to the respondent costs of $25,000 plus usual disbursements (to be fixed by the Registrar if necessary). We certify for two counsel.
14 July 2017
Transcripts
- Hearing date 17 October 2016 (PDF, 601 KB)
Media Releases
- MR [2017] NZSC 111 (PDF, 310 KB)
Employment Court decision
Court of Appeal decision
Leave judgment - leave granted
Substantive judgment
Case name
Hilary Jane Calvert & HGW Trustees Ltd (as trustees of the Frongopoulos Trust & Anor) & Chris James v Grant Bruce REYNOLDS as liquidator of James Developments Ltd (in liquidation)
Case number
SC 51/2016
Summary
Civil Appeal – Whether the Court of Appeal erred in its interpretation of s 28 of the Limitation Act 1950 – Whether the Court of Appeal erred in its interpretation of the breadth of the discretion under s 301 of the Companies Act 1993 – Whether the Court of Appeal erred in following Mana Property Trustee Ltd v James Development Ltd [2010] NZSC 90. [2016] NZCA 151 CA173/2015
Result
A The application for leave to appeal is dismissed.
B The applicants (jointly and severally) must pay costs of $2,500 to the respondent.
9 August 2016
B The applicants (jointly and severally) must pay costs of $2,500 to the respondent.
9 August 2016
High Court decision
Leave judgment - leave dismissed
Judgment appealed from
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