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
Wholesale Distributors Limited v Gibbons Holdings Limited
Case number
SC 53/2005
Summary
Construction of lease documents and whether the Court of Appeal erred in finding that the appellant was bound to meet the contractual obligations of the sub-lessee under the deed of assignment of lease -“ whether the Court of Appeal erred in focusing on the purpose of the parties - “ legal effect of provisions used to avoid the grant of a sub-lease which operates as an assignment of the headlease.CA 102/04 28 July 2005
Result
Leave to appeal granted
1 December 2005
___________________________
The appeal is dismissed.
The appellant is to pay the respondent costs of $15,000 together with its reasonable disbursements to be fixed if necessary by the Registrar.
30 May 2007
1 December 2005
___________________________
The appeal is dismissed.
The appellant is to pay the respondent costs of $15,000 together with its reasonable disbursements to be fixed if necessary by the Registrar.
30 May 2007
Leave judgment - leave granted
Substantive judgment
Judgment appealed from
Case name
The Attorney-General v QBE Insurance
Case number
SC 54/2005
Summary
Insurance - QBE insured Ministry of Agriculture and Fisheries under successive 12-month "claims-made" policies - circumstances giving rise to claim occurring under 1998-1999 policy, but claim made under subsequent policy - whether circumstances were notified, or required to be notified, to QBE before expiry of policy – whether QBE estopped from asserting that circumstances were notified, or required to be notified, before expiry - whether policies subject to implied term CA 174/04 3 August 2005
Result
Leave to appeal dismissed.
10 March 2006
10 March 2006
Leave judgment - leave dismissed
Transcript
Judgment appealed from
Case name
Whangamata Homes Limited v Peter Martin Jansen and Vivienne Marie Jansen
Case number
SC 55/2005
Summary
Contract law - whether the acts of the appellant amounted to an election to keep the agreement on foot, precluding the appellant from exercising a right to cancel under a sunset clause – whether and to what extent the actions of parties are to be assessed by reference to a) a continuing duty to do all such things as were reasonably necessary for or incidental to the performance of the contract, and b) the intentions of the parties as expressed in the sunset clause. CA 266/04 15 August 2005
Result
Leave to appeal refused. 3 November 2005
Leave judgment - leave dismissed
Judgment appealed from
Case name
Telecom Mobile Limited v Commerce Commission
Case number
SC 57/2005
Summary
Cellphone marketing - whether the applicant's contractual arrangements are subject to the Door to Door Sales Act - whether the applicant's contractual arrangements had the purpose or effect of preventing the operation of the Act by hiding from consumers the reality as to their true rights of cancellation - summary judgment given by Court of Appeal. CA148/04 25 August 2005
Result
Leave to appeal granted. 23 November 2005
Substantive judgment
Transcript
Judgment appealed from
Case name
Robert Arthur Felton and Norah Isabel Felton and others v Annette Frances Johnson
Case number
SC 62/2005
Summary
Relationship property agreement between spouses that has the effect of defeating the creditors of either spouse - whether application to avoid agreement must be made within a two-year limitation period – Property (Relationships) Act 1976, s 47(2)CA 40/04 12 September 2005
Result
Leave to appeal granted.
8 December 2005
Leave judgment - leave granted
Transcript
Case name
Brett Lionel Allison v The Queen
Case number
SC 63/2005
Summary
Criminal law - whether the Court of Appeal erred in holding that the High Court judge’s finding (that the Crown had proved beyond a reasonable doubt that certain cash was the proceeds of a serious offence or offences) was supported by the evidence - requirements of s257A(2) Crimes Act 1961.CA 20/05 15 August 2005
Result
Leave to appeal dismissed. 16 December 2005
Leave judgment - leave dismissed
ALLISON V R SC 63/2005 [16 December 2005] (PDF, 15 KB)
Judgment appealed from
Case name
Eastern Services Limited v No 68 Limited
Case number
SC 64/2005
Summary
Civil appeal -whether the Court of Appeal erred in finding that the respondent's claim was not time-barred by the Limitation Act 1950 or by analogy with that section - whether statutory limitation periods are relevant to the Court's discretion in the exercise of the equitable defence of laches -“ whether the Court of Appeal erred in their statement of the test for laches.CA 173/04 20 September 2005
Result
Leave to appeal granted. 9 December 2005
Media Releases
- MR [2006] NZSC 42 (PDF, 88 KB)
Leave judgment - leave granted
Case name
Devanand Solanki v The Queen
Case number
SC 65/2005
Summary
Criminal law - “ assault on a child - whether the Court of Appeal erred in holding that the evidence of the complainant's mother was undisputed - “ trial Judge indicated that a mere touching of the complainant might constitute an assault, and that the jury would have to be so informed.CA 106/05 6 September 2005
Result
Leave to appeal refused. 22 November 2005
Leave judgment - leave dismissed
SOLANKI V R SC 65/2005 [22 November 2005] (PDF, 15 KB)
Judgment appealed from
Case name
Akeel Hasan Abbas Al Biatty v The Queen
Case number
SC 67/2005
Summary
Criminal Law - whether the Court of Appeal erred in holding that 1) the trial Judge's summing up was not biased; 2) the jury was not placed under improper time pressure to return a verdict; 3) a sentence of preventive detention with a minimum non-parole period of seven years was not manifestly excessive.CA 120/05 17 October 2005
Result
Leave to appeal dismissed. 16 December 2005
Leave judgment - leave dismissed
Case name
Swetman and Westham Holdings Limited v Globe Holdings Limited
Case number
SC 69/2005
Summary
Civil appeal - summary judgment - sale and purchase of land - whether the Court of Appeal erred in holding that s225(1) of the Resource Management Act did not apply - whether the Court of Appeal erred in finding that the Appellants' failure to settle constituted a breach - whether the Court of Appeal erred in refusing to acept new evidence - whether the Court of Appeal misdirected itself as to the applicable principles of law.CA 81/05 17 October 2005
Result
Leave to appeal dismissed. 27 March 2006
Leave judgment - leave dismissed
Judgment appealed from
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