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
John Anthony Edwards v The District Court, Dunedin, The District Court, Oamaru, Waitaki District Council
Case number
SC 101/2013
Summary
Civil Appeal – Procedure – Was the Court of Appeal correct to treat the applicant’s appeal as being out of time and to hold that the grounds of appeal raised could not succeed. [2013] NZCA 382 CA 185/2013
Leave judgment - leave dismissed
sc 101 2013 edwards v district court others (PDF, 51 KB)
Dates
A The application for leave to appeal is dismissed
B The applicant is to pay costs of $2,500 to the Waitaki District Council
15 November 2013
Case name
LSG Sky Chefs New Zealand Limited v Pacific Flight Catering Limited and PRI Flight Catering Limited
Case number
SC 103/2013
Summary
Civil Appeal – Employment Relations Act 2000 – Whether the Court of Appeal erred in finding that s 69J of the Employment Relations Act 2000 had the effect of extinguishing the transferring employer’s accrued contractual obligations to a transferred employee – Whether the Court of Appeal erred in finding that s 69J of the Employment Relations Act 2000 absolved the transferring employer from liability to the new employer for the accrued contractual entitlements of a transferred employee – Whether the Court of Appeal erred in using the Employment Relations Amendment Bill 2013 as an aid to interpretation of the Employment Relations Act 2000. [2013] NZCA 386 CA 758/2012
Result
A Leave to appeal is granted.
B The ground for appeal is whether, under Part 6A of the Employment Relations Act 2000, the respondents are liable to reimburse the applicant for the cost of accrued leave entitlements of the respondents’ former employees on their transfer to the applicant.
6 December 2013
___________________
The appeal is dismissed.
The appellant is to pay the respondents costs of $25,000 and reasonable disbursements as fixed by the Registrar.
5 November 2014
B The ground for appeal is whether, under Part 6A of the Employment Relations Act 2000, the respondents are liable to reimburse the applicant for the cost of accrued leave entitlements of the respondents’ former employees on their transfer to the applicant.
6 December 2013
___________________
The appeal is dismissed.
The appellant is to pay the respondents costs of $25,000 and reasonable disbursements as fixed by the Registrar.
5 November 2014
Media Releases
- MR [2014] NZSC 158 (PDF, 265 KB)
Substantive judgment
Transcript
Elias CJ, McGrath, William Young, Glazebrook, Arnold JJ.
Case name
Peter William Mawhinney v Nags Head Horse Hotel Limited
Case number
SC 105/2013
Summary
Civil Appeal – Whether the Court of Appeal erred in determining that knowledge of a priority agreement between mortgagees was binding on all parties with that knowledge notwithstanding that the priorities had not been registered – Whether the Court of Appeal erred in determining that knowledge by an attorney amounts to knowledge on the part of a principal – Whether the Court of Appeal erred in upholding the High Court decision that the proceedings could be determined summarily – Whether the Court of Appeal failed to have proper regard to Westpac New Zealand Ltd v Clark [2008] NZCA 346 – Whether the Court of Appeal judgment is based on incorrect facts.[2013] NZCA 401 CA 28/2013
Result
A The application for leave to appeal is dismissed.
B The applicant is to pay to the respondent costs of $2,500.
14 November 2013.
B The applicant is to pay to the respondent costs of $2,500.
14 November 2013.
Leave judgment - leave dismissed
Case name
David Neil Balfour v The Queen
Case number
SC 110/2013
Summary
Criminal Appeal – Animal welfare – Whether the Court of Appeal erred in holding that the District Court Judge’s pre-trial ruling was correct – Whether the Court of Appeal erred in holding that there was no improper use of representative charges – Whether the Court of Appeal erred in declining to rule the evidence of two expert witnesses as inadmissible. [2013] NZCA 429 CA 445/2012
Dates
Application for leave to appeal dismissed.
18 December 2013.
Case name
Daryl Kirsty Reid Balfour v The Queen
Case number
SC 111/2013
Summary
Criminal Appeal – Animal welfare – Whether the Court of Appeal erred in holding that the District Court Judge’s pre-trial ruling was correct – Whether the Court of Appeal erred in holding that there was no improper use of representative charges – Whether the Court of Appeal erred in declining to rule the evidence of two expert witnesses as inadmissible. [2013] NZCA 429 CA 444/2012
Dates
Application for leave to appeal dismissed.
18 December 2013.
Case name
Jennings Roadfreight Limited (in liquidation) and Boris van Delden and Roy Horrocks as liquidators v Commissioner of Inland Revenue
Case number
SC 118/2013
Summary
Civil Appeal – Tax Administration Act 1994 – Whether the Court of Appeal erred in deciding that the trust created by s 167(1) of the Tax Administration Act 1994 did not come to an end upon liquidation.[2013] NZCA 455 CA 432/2012
Result
Leave to appeal is granted.
The approved ground for appeal is whether:
(a) the trust arising under s 167(1) of the Tax Administration Act 1994 continues in existence upon the liquidation of a company, in respect of funds held in the company’s account; or
(b) the trust is extinguished upon the liquidation, so that the funds held are dealt with in accordance with Schedule 7 of the Companies Act 1993.
14 February 2014
_________________
The appeal is allowed. The respondent must repay $14,076.38 to the appellants.
Costs of $25,000 plus reasonable disbursements (to be set by the Registrar if necessary) are awarded to the appellants.
7 November 2014
The approved ground for appeal is whether:
(a) the trust arising under s 167(1) of the Tax Administration Act 1994 continues in existence upon the liquidation of a company, in respect of funds held in the company’s account; or
(b) the trust is extinguished upon the liquidation, so that the funds held are dealt with in accordance with Schedule 7 of the Companies Act 1993.
14 February 2014
_________________
The appeal is allowed. The respondent must repay $14,076.38 to the appellants.
Costs of $25,000 plus reasonable disbursements (to be set by the Registrar if necessary) are awarded to the appellants.
7 November 2014
Media Releases
- MR [2014] NZSC 160 (PDF, 189 KB)
Leave judgment - leave granted
Substantive judgment
Transcript
Elias CJ, McGrath, William Young, Glazebrook, Arnold JJ.
Case name
University of Canterbury v The Insurance Council of New Zealand, Christchurch City Council, Body Corporate 423446 (Oxford Body Corporate)
Case number
SC 120/2013
Summary
Civil Appeal – Building – Building Act 2004 – Local Government – Whether the Court of Appeal erred in upholding the High Court’ s declaration that the Christchurch City Council could not require earthquake-strengthening of existing buildings to a capacity of up to 67 per cent of the current building code requirements – Whether the Court of Appeal erred in holding that the Christchurch City Council was not given the power to require remediation work beyond 34 per cent of the new building standard. [2013}NZCA 471 CA 127/2013
Result
The application for leave to appeal is granted on the following question: Where a building is an earthquake-prone building in terms of s 122(1) of the Building Act 2004, is a council entitled under s 124(1)(c)(i) of the Act to require the building to be strengthened to an extent greater than is necessary to ensure that the building will not have its ultimate capacity exceeded in a moderate earthquake (as defined in reg 7 of the Building (Specified Systems, Change the Use and Earthquake-prone Buildings) Regulations 2005)? 26 February 2014
Media Releases
- MR [2014] NZSC 193 (PDF, 130 KB)
Leave judgment - leave granted
Supreme court decision
Transcript
Hearing date : 11 November 2014
McGrath, Glazebrook, Arnold, O’Regan, Blanchard JJ.
Case name
CP Asset Management Limited and others v Damien Grant and Steven Khov and others
Case number
SC 121/2013
Summary
Civil Appeal – Companies Act 1993 – Whether the Court of Appeal erred in concluding that the resolution was contrary to the interests of unsecured creditors and that the resolution caused prejudice to the second respondents – Whether the Court of Appeal erred in finding that the creditors may not get an adequate investigation into the affairs of the company if the replacement liquidators were to continue in office – Whether the Court of Appeal was correct to set aside the resolution and in its interpretation of s 245A of the Companies Act – Whether the Court of Appeal failed to properly quantify and assess the extent to which the terms of the first respondent’ s position on funding was a specific benefit to the creditors in the liquidation and whether it misconstrued findings made a first instance – Whether the Court of Appeal erred in basing its assessment as to the steps taken in the liquidation solely on the first report of the liquidators – Whether the Court of appeal erred by failing to recognise that related creditors have an interest in the liquidation and in giving primacy to the position of one creditor over the general body of creditors. [2013] NZCA 452 CA 67/2013
Leave judgment - leave dismissed
Dates
The application for leave to appeal is dismissed.
The applicants must pay to the First Respondents costs of $2,500 plus all reasonable disbursements to be fixed if necessary by the Registrar.
The applicants must pay to the Second Respondents costs of $2,500 plus all reasonable disbursements to be fixed if necessary by the Registrar.
25 February 2014
Case name
John F Jackson v IAG New Zealand Limited
Case number
SC 122/2013
Summary
Civil appeal – r 12.2 High Court Rules – s 11 of the Insurance Law Reform Act 1977 – summary judgement – whether the Court of Appeal erred in concluding that it was appropriate to make findings of dishonesty in the context of an application for summary judgment – whether the Court of Appeal erred in finding that the applicant was dishonest, and in reaching this conclusion, failed to consider relevant contextual and personal factors – whether the Court of Appeal erred in finding that the liability for which indemnity was sought had arisen in connection with the applicant’ s dishonest acts – whether the Court of Appeal erred in its view of the applicability of s 11 of the Insurance Law Reform Act.[2013] NZCA 302 CA 274/2012
Leave judgment - leave dismissed
Dates
The application for leave to appeal is dismissed.
The applicant is to pay to the respondent costs of $2,500 plus all reasonable disbursements to be fixed if necessary by the Registrar.
25 February 2014.
Case name
Harmon Lynn Wilfred, Carolyn Ruth Dare-Wilfred, Angela Maree Smalley, La Famia No 1 Limited, La Famua BNo 4 Limited v Kaiwan Gan and Juzhen Zu
Case number
SC 124/2013
Summary
Civil appeal – Interim order for immediate possession of property – Whether the Court of Appeal applied the correct test for interim relief in circumstances where the application for interim relief effectively determined the outcome of the proceedings – Whether the Court of Appeal correctly determined that alleged breaches of head lease did not affect the balance of convenience – Whether appeal rights rendered nugatory by judicial conflict of interest. [2013] NZCA 457 CA 184/2013
Leave judgment - leave dismissed
Dates
The application for leave to appeal is dismissed.
The applicants are to pay costs of $2,500 and reasonable disbursements.
18 February 2014.
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