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.
19 June 2026
Case information summary (as at 19 June 2026) – Cases where leave granted (PDF, 89 KB)
Case information summary (as at 19 June 2026) – Cases where leave to appeal decision not yet made (PDF, 126 KB)
All years
Case name
James Howard Nigel Smalley v Grant Robert Williamson, Ian Perry, David Michael Hayes, Grant Trevor Davies and Jeremy Daniel Sullivan
Case number
SC 66/2023
Summary
Civil Appeal - Application for leave to bring an appeal
Result
A The application for leave to appeal is dismissed.
B The applicant must pay the respondents costs of $2,500.
10 August 2023
B The applicant must pay the respondents costs of $2,500.
10 August 2023
High Court decision
Court of Appeal decision
Leave judgment - leave dismissed
Case name
Brian Joseph Linehan, Shannon James Walsh and Ross Douglas Blair as trustees of the Eliza Trust v Thames-Coromandel District Council
Case number
SC 92/2023
Summary
Civil Appeal - Application for leave to bring an appeal
Result
A The application for leave to appeal is dismissed.
B The applicants must pay the respondent costs of $2,500.
10 November 2023
B The applicants must pay the respondent costs of $2,500.
10 November 2023
High Court decision
Court of Appeal decision
Leave judgment - leave dismissed
Case name
Ian James Burden, PGT Reclaimed (International) Limited and Plantation Grown Timbers (Vietnam) Limited v ESR Group (NZ) Limited
Case number
SC 96/2023
Summary
Civil Appeal
Result
A The application for leave to appeal is granted (ESR Group (NZ) Ltd v Burden [2023] NZCA 335).
B The approved questions are as follows:
(a) Was the Court of Appeal correct to conclude, for the purposes of s 9(1) of the Copyright Act 1994, that a copyright holder’s consent is not necessary for a work to be “in circulation”?
(b) Was the Court of Appeal correct to conclude, for the purposes of s 9(1) of the Copyright Act 1994, that circulation outside of New Zealand could constitute “circulation”?
7 December 2023
_____________________________________________
A The appeal is allowed.
B The High Court order awarding damages is reinstated.
C The respondent must pay the appellants costs of $25,000, plus usual disbursements. We allow for second counsel.
D Costs in the Courts below, if not agreed, can be settled by those Courts.
25 March 2025
B The approved questions are as follows:
(a) Was the Court of Appeal correct to conclude, for the purposes of s 9(1) of the Copyright Act 1994, that a copyright holder’s consent is not necessary for a work to be “in circulation”?
(b) Was the Court of Appeal correct to conclude, for the purposes of s 9(1) of the Copyright Act 1994, that circulation outside of New Zealand could constitute “circulation”?
7 December 2023
_____________________________________________
A The appeal is allowed.
B The High Court order awarding damages is reinstated.
C The respondent must pay the appellants costs of $25,000, plus usual disbursements. We allow for second counsel.
D Costs in the Courts below, if not agreed, can be settled by those Courts.
25 March 2025
Date of hearing
26 April 2024
Judges
Glazebrook, Ellen France, Williams Kós and O'Regan JJ
Submissions from counsel
- Hearing date 26 April 2024 Appellants Submissions (PDF, 2.3 MB)
- Hearing date 26 April 2024 Appellants Chronology Fact (PDF, 194 KB)
- Hearing date 26 April 2024 Appellants Chronology WCT dates (PDF, 215 KB)
- Hearing date 26 April 2024 Appellants Roadmap (PDF, 177 KB)
- Hearing date 26 April 2024 Appellants Further Submissions (PDF, 279 KB)
- Hearing date 26 April 2024 Respondent submissions (PDF, 351 KB)
- Hearing date 26 April 2024 Respondent Roadmap (PDF, 225 KB)
- Hearing date 26 April 2024 Respondent Further Submissions (PDF, 870 KB)
Transcripts
- Hearing date 26 April 2024 (PDF, 471 KB)
Case Synopses
- Hearing date 26 April 2024 (PDF, 447 KB)
Media Releases
- MR [2025] NZSC 18 (PDF, 291 KB)
High Court decision
Court of Appeal decision
Leave judgment - leave granted
Substantive judgment
Case name
Tracey Jane Cridge, Mark Anthony Unwin, Katrina McKellar Fowler and Scott Woodhead v Studorp Limited and James Hardie New Zealand Limited
Case number
SC 98/2023
Summary
Civil Appeal - Application for leave to bring an appeal
Result
A The application for extension of time for leave to appeal against Cridge v Studorp Ltd [2023] NZCA 365 is granted.
B Any application must be filed on or before 20 working days after the Court of Appeal’s judgment on the substantive appeal.
2 November 2023
_________________________________________________________________________
A notice of abandonment having been filed, the application for leave to appeal is abandoned.
28 March 2025
B Any application must be filed on or before 20 working days after the Court of Appeal’s judgment on the substantive appeal.
2 November 2023
_________________________________________________________________________
A notice of abandonment having been filed, the application for leave to appeal is abandoned.
28 March 2025
High Court decision
Court of Appeal decision
Court of Appeal decision
Supreme court decision
Case name
Adam David Banks v William Robert Farmer, Simon Matthew Gamble, Christoper James Massam and Douglas Leroy Frederick
Case number
SC 104/2023
Summary
Civil Appeal - Application for leave to bring an appeal
Result
A The application for leave to appeal is dismissed.
B The applicant must pay the respondents one set of costs of $5,000.
6 August 2024
B The applicant must pay the respondents one set of costs of $5,000.
6 August 2024
Date of hearing
25 July 2024
Judges
Williams, Kós and Miller JJ
Transcripts
- Hearing date 25 July 2024 SC 104/2023 (PDF, 170 KB)
High Court decision
Court of Appeal decision
Leave judgment - leave dismissed
Case name
Lynette Joy Mills and Carl James Peterson v Kelly Dalzell, Tracey Howard Levenbach, ASB Bank Limited, Graham Howard Mills, John Levenbach and Carole Krammer
Case number
SC 114/2023
Summary
Civil Appeal - Application for leave to bring an appeal
Result
A The application for leave to appeal is dismissed.
B The applicants must pay the first and third, the fourth, and the fifth and sixth respondents three sets of costs of $1,000.
8 February 2024
B The applicants must pay the first and third, the fourth, and the fifth and sixth respondents three sets of costs of $1,000.
8 February 2024
High Court decision
Court of Appeal decision
Leave judgment - leave dismissed
Case name
Mark James McLaughlin and Andrew Ashley McLaughlin v John David Manuel McLaughlin
Case number
SC 116/2023
Summary
Civil Appeal - Application for leave to bring an appeal
Result
A The application for leave to appeal is dismissed.
B The applicants must pay the respondent costs of $2,500.
15 February 2024
B The applicants must pay the respondent costs of $2,500.
15 February 2024
High Court decision
Court of Appeal decision
Leave judgment - leave dismissed
Case name
Ian Adamson and Kate Jones v James Robinson
Case number
SC 122/2023
Summary
Civil Appeal - Application for leave to bring an appeal
Result
A The application for leave to appeal is dismissed.
B The applicants must pay the respondent one set of costs of $2,500.
5 February 2024
B The applicants must pay the respondent one set of costs of $2,500.
5 February 2024
High Court decision
Court of Appeal decision
Leave judgment - leave dismissed
Case name
The Pathway Trust v NZME Publishing Limited and Stuff Limited, Joseph James Brider and The King
Case number
SC 138/2023
Summary
Criminal Appeal - Application for leave to bring an appeal
High Court decision
Court of Appeal decision
Leave judgment - leave dismissed
Case name
Barry Bai and Caoping Ding v Thomas Edmund William James and Iain McLennan, Keaton Pronk and McDonald Vague Limited
Case number
SC 1/2022
Summary
Civil Appeal - Application for leave to bring an appeal
Result
A The application for leave to appeal is dismissed.
B The applicants must pay two sets of costs of $2,500, one to the first respondent and the other to the second respondents.
25 March 2022
_________________________________________________
A The application for recall of this Court’s judgment of 25 March 2022 (Ding v James [2022] NZSC 28) is dismissed.
B The application for leave to appeal in SC 36/2022 is dismissed.
C There is no order as to costs.
11 May 2022
B The applicants must pay two sets of costs of $2,500, one to the first respondent and the other to the second respondents.
25 March 2022
_________________________________________________
A The application for recall of this Court’s judgment of 25 March 2022 (Ding v James [2022] NZSC 28) is dismissed.
B The application for leave to appeal in SC 36/2022 is dismissed.
C There is no order as to costs.
11 May 2022
High Court decision
Court of Appeal decision
Leave judgment - leave dismissed
Recall judgment
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