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.
4 September 2026
Case information summary (as at 4 September 2026) – Cases where leave granted (PDF, 116 KB)
Case information summary (as at 4 September 2026) – Cases where leave to appeal decision not yet made (PDF, 132 KB)
All years
Case name
Basil Steven Marshall Mist v The Queen
Case number
SC 12/2005
Summary
Criminal appeal - appeal against decision of the Court of Appeal imposing a sentence of preventive detention - whether Court erred in its interpretation of s 4(2) of the Criminal Justice Act 1985 as dealing only with the situation where a new sentencing option became available between the time of the commission of the offence and the time of sentencing. CA 480/03 25 February 2005
Result
Leave to appeal granted.
31 May 2005
_________________________
Appeal allowed.
Sentence of preventive detention quashed. Sentence imposed in the High Court reinstated but without prejudice to the Solicitor-General's submission that, in total, the finite sentences are manifestly inadequate. The question whether that is so is remitted to the Court of Appeal for determination.1 December 2005
31 May 2005
_________________________
Appeal allowed.
Sentence of preventive detention quashed. Sentence imposed in the High Court reinstated but without prejudice to the Solicitor-General's submission that, in total, the finite sentences are manifestly inadequate. The question whether that is so is remitted to the Court of Appeal for determination.1 December 2005
Leave judgment - leave granted
MIST V R SC 12/2005 [31 May 2005] (PDF, 15 KB)
Substantive judgment
MIST V R SC 12/2005 [1 December 2005] (PDF, 182 KB)
Transcription
Case name
Kenneth Christopher Morgan v The Superintendent, Rimutaka Prison
Case number
SC 13/2005
Summary
Habeas Corpus - whether the Parole Act 2002 applies on its terms to a person convicted prior to its enactment, but sentenced after its enactment - meaning of "penalty" in terms of s6 Sentencing Act 2002. CA 17/05 7 March 2005
Result
Leave to appeal granted. Appeal dismissed.
19 May 2005
19 May 2005
Substantive judgment
Transcript
Case name
Todd O'Hara v The Queen
Case number
SC 15/2005
Summary
Criminal appeal against conviction - admissibility of evidence of partial or qualified identification of accused from identification parade - whether misdirection by trial judge in suggesting positive identification had been made. CA 368/04 14 March 2004
Result
Leave to appeal refused.
7 July 2005
7 July 2005
Leave judgment - leave dismissed
O'HARA V R SC 15/2005 [7 July 2005] (PDF, 13 KB)
Judgment appealed from
Transcript
Case name
Peter Joseph Thompson v The Queen
Case number
SC 25/2005
Summary
Substitution of convictions by an appellate court - whether the elements of s246(1) Crimes Act (before amendment) go beyond those contained in s229A Crimes Act (now repealed). CA 404/04 27 April 2005
Result
Leave to appeal dismissed.
23 August 2005
23 August 2005
Leave judgment - leave dismissed
THOMPSON V R SC SC 25/05 [23 August 2005] (PDF, 19 KB)
Judgment appealed from
Transcript
Case name
Casata Limited v General Distributors Limited
Case number
SC 26/2005
Summary
Civil appeal - whether the Court of Appeal erred in its interpretation of the costs regime under the Arbitration Act 1996 - whether the Court of Appeal held correctly that the arbitral tribunal had erred in law in not considering party costs in the reward. CA 84/04 13 April 2005
Result
Leave to appeal granted.
6 July 2005
________________
The appeal is dismissed.
15 March 2006
6 July 2005
________________
The appeal is dismissed.
15 March 2006
Leave judgment - leave granted
Substantive judgment
Judgment appealed from
Substantive judgment
Case name
McGrath & Forde v The Queen
Case number
SC 30/2005
Summary
Whether the applicant should be permitted to make an application for leave for direct appeal from the High Court to the Supreme Court out of time - whether the Court of Appeal wrongly held in an application for leave to appeal similar to that of the applicant that the Court had no jurisdiction to hear the appeal under s 379A(1)(aa) of the Crimes Act 1961 because, in substance, the application did not involve a challenge to the admissibility of evidence - whether the High Court judge erred in ruling certain evidence admissible despite the applicant's submission that the quality of the evidence had been affected by the way in which it was obtained - whether the High Court judge erred in refusing to grant severance and in determining the degree of evidence as to collusion or contamination required before severance will be granted. CRI 2004 009 002464, 11 March 2005
Result
Leave to appeal dismissed.
27 July 2005
27 July 2005
Leave judgment - leave dismissed
M and F V R SC 30 & 32/2005 [27 July 2005] (PDF, 19 KB)
Case name
M & F v The Queen
Case number
SC 32/2005
Summary
Whether the applicant should be permitted to make an application for leave for direct appeal from the High Court to the Supreme Court out of time - whether the Court of Appeal wrongly held in an application for leave to appeal similar to that of the applicant that the Court had no jurisdiction to hear the appeal under s 379A (1)(aa) of the Crimes Act 1961 because, in substance, the application did not involve a challenge to the admissibility of evidence - whether the High Court judge erred in ruling certain evidence admissible despite the applicant's submission that the quality of the evidence had been affected by the way in which it was obtained - whether the High Court judge erred in refusing to grant severance and in determining the degree of evidence as to collusion or contamination required before severance will be granted. CRI 2003 009 012476, 11 March 2005
Result
Leave to appeal dismissed.
27 July 2005
27 July 2005
Leave judgment - leave dismissed
M and F V R SC 30 & 32/2005 [27 July 2005] (PDF, 19 KB)
Case name
Pimthong Udompun v Minister of Immigration and New Zealand Police
Case number
SC 38/2005
Summary
Bill of Rights - Whether a failure to make a properly qualified interpreter available is a breach of s27(1) NZBORA - Whether the handing to a detainee a form in the detainee's native language setting out her NZBORA rights satisfied her rights under s23(1) - Whether a Baigent's award of $4000 for breach of s23(5) NZBORA is distinctly inadequate in the circumstances - Whether, having established a breach of the NZBORA, the authority concerned should fully meet reasonable indemnity costs and disbursements - Whether award should be with interest from the date of the breach. CA 244/03 26 May 2005
Result
Application for leave to appeal is dismissed. 9 February 2006
Leave judgment - leave dismissed
Transcript
Judgment appealed from
Case name
Transotway Limited v Iain Bruce Shephard and Christine Margaret Dunphy
Case number
SC 39/2005
Summary
Civil appeal - whether the Court of Appeal arred in concluding that the discharge of a debt by way of set-off through provision of a client list to the applicant was "a payment of money" in terms of s 292(1)(e) of the Companies Act 1993 - whether s 310 of the Companies Act which provides for set-off of mutual debts in liquidation was applicable - whether a substance based approach, which considers the transaction in the context of the agreement as a whole, was applied.
CA 98/04 13 June 2005
Result
Leave to appeal granted
31 August 2005
Leave judgment - leave granted
Substantive judgment
Judgment appealed from
Transcript
Case name
Scott Simeon Thompson v The Queen
Case number
SC 42/2005
Summary
Criminal appeal - appeal against decision of the Court of Appeal - whether the Court erred in dismissing a claim of miscarriage of justice by reason of the complainant’s conduct. CA 445/04 16 June 2005
Result
Leave to appeal granted. 22 September 2005
Media Releases
- mrt (PDF, 79 KB)
Leave judgment - leave granted
Substantive judgment
THOMPSON V R SC 42/2005 [15 February 2006] (PDF, 92 KB)
Transcript
Page 30 of 33