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.
3 July 2026
Case information summary (as at 3 July 2026) – Cases where leave granted (PDF, 88 KB)
Case information summary (as at 3 July 2026) – Cases where leave to appeal decision not yet made (PDF, 127 KB)
All years
Case name
Klaus Löwer v Gary Traveller and John Anthony Waller
Case number
SC 51/2005
Summary
Company Law - whether the respondents had an accrued cause of action for reckless trading giving them an "existing right" under s320(1)(b) of the Companies Act - whether the applicant was in breach of s320(1)(b) Companies Act 1955 - whether the Court of Appeal erred in its application of ss17-19 Interpretation Act 1999 .
CA 36/04 26 July 2005
Result
Leave to appeal granted.
2 December 2005
Leave judgment - leave granted
Transcript
Judgment appealed from
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
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
Paul Rodney Hansen v The Queen
Case number
SC 58/2005
Summary
Criminal appeal against conviction - possession of cannabis for supply - burden on accused to rebut presumption of possession for supply - whether accused must rebut presumption on the balance of probabilities or merely raise a reasonable doubt - Misuse of Drugs Act 1975, s 6(6).
Result
Leave to appeal granted.
24 November 2005
___________________________________
Appeal dismissed.
20 February 2007
24 November 2005
___________________________________
Appeal dismissed.
20 February 2007
Media Releases
- MR [2007] NZSC 74 (PDF, 142 KB)
Leave judgment - leave granted
HANSEN v R SC 58/2005 [24 November 2005] (PDF, 14 KB)
Substantive judgment
HANSEN v R SC 58/2005 [20 February 2007] (PDF, 571 KB)
Transcript
Hearing date : 22 February 2006
Elias CJ, Blanchard, Tipping, McGrath and Anderson JJ.
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
Robert John Condon v The Queen
Case number
SC 66/2005
Summary
Criminal appeal - trial judge's refusal to grant adjournment following withdrawal of counsel leading to accused representing himself at trial - accused convicted and sentenced to imprisonment - whether breach of Sentencing Act 2002, s 30(1) or New Zealand Bill of Rights Act 1990, s 24 - applicant seeking leave to appeal out of timeCA 373/03 21 July 2004
Result
Leave to appeal granted.
27 March 2006
Leave judgment - leave granted
Transcription
Judgment appealed from
Case name
Roger Wilson Steele and Christine Lynne Roberts v Eleftarious Serepisos
Case number
SC 68/2005
Summary
Civil appeal – whether the vendor subdivider was entitled to bring the contract to an end or treat it as at an end because the provisions of s 225 of the Resource Management Act 1991 had not been fulfilled within a reasonable time - whether the vendor was obliged to give the purchaser notice of their intention to bring the contract to an end or allow the purchaser an opportunity fulfil the conditions of s 225 of the Act.CA 203/04 12 October 2005
Result
Leave to appeal granted to appellant and respondent. 15 February 2006 ______________________________ The appeal is allowed.
The cross-appeal is dismissed.
The orders made by the Court of Appeal are set aside.
In their place we make an order for the entry of judgment in the High Court in favour of the appellants.
The appellants are to have costs in the High Court as fixed by that Court in the light of this judgment, and in the Court of Appeal the appellants are to have costs of $6,000 plus disbursements, to be fixed if necessary by the Registrar of that Court.
The appellants are to have costs in this Court of $15,000 plus disbursements, to be fixed if necessary by the Registrar of this Court. 4 September 2006
The cross-appeal is dismissed.
The orders made by the Court of Appeal are set aside.
In their place we make an order for the entry of judgment in the High Court in favour of the appellants.
The appellants are to have costs in the High Court as fixed by that Court in the light of this judgment, and in the Court of Appeal the appellants are to have costs of $6,000 plus disbursements, to be fixed if necessary by the Registrar of that Court.
The appellants are to have costs in this Court of $15,000 plus disbursements, to be fixed if necessary by the Registrar of this Court. 4 September 2006
Leave judgment - leave granted
Judgment appealed from
Substantive judgment
Transcript
Case name
Benjamin Eugene Manuel v The Superintendent, Hawkes Bay Prison
Case number
SC CIV 5/2004
Summary
Habeas Corpus - proper case scope of writ of habeas corpus under the Habeas Corpus Act 2001 - relationship with judicial review. Parole - nature of parole - test for recall - conformity with New Zealand Bill of Rights Act 1990 and the International Covenant on Civil and Political Rights - Parole Board procedure on recall. CA 67/01 15 June 2004
Result
Leave to appeal refused. 3 August 2004
Leave judgment - leave dismissed
Judgment appealed from
Transcript
Case name
Union House Limited and Union House Lease Limited v Auckland City Council.
Case number
SC CIV 11/2004
Summary
Civil appeal - contract interpretation - whether contract unassignable because of the existence of a confidentiality clause prohibiting disclosure of the terms of the agreement - whether the assignment was ineffective where the assigning party breached the confidentiality clause - whether the case should have been remitted back to the High Court to determine whether the pleadings could be amended to allege a breach of the confidentiality clause.
CA162/03 11 August 2004
Result
Leave to appeal granted.
15 December 2004
___________________
Appeal Hearing Date
22 March 2005
_____________
Notice of abandonment of appeal being lodged, the appeal is deemed to be dismissed.
23 March 2005
Leave judgment - leave granted
Transcription
Judgment appealed from
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