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
Georgina Kain, George Harry Couper Kain, George Charles Kain, George Thomas Carlton Kain and George Michael Kain and others v Jonathan Rhodes Hutton and others
Case number
SC 40/2007
Summary
Civil – dispute between family members over administration of a number of trusts – whether Court of Appeal erred in finding that resettlement of trust assets was valid – validity of exercise of power of appointment – power of advancement – s 41(c) of Trustee Act 1956 – whether appointment and settlement of shares was valid and not a fraud on the power – whether Court of Appeal erred in refusing to order the Second and Third Respondents to account to the trusts for profits made on the purchase of two farms – whether Court of Appeal erred in not finding a serious breach of trust – whether Court of Appeal erred in finding a particular part of consent order to be valid – interests of grandchildren – s 64A of Trustee Act 1956.CA 237/03, CA 271/04, CA 4/05 22 May 2007
Result
Leave to appeal granted.
20 November 2007
20 November 2007
Transcripts
- Hearing date 19 November 2007 SC 40/2007 (PDF, 128 KB)
- Hearing date 10 June 2008 SC 40/2007 (PDF, 281 KB)
Media Releases
- MR [2008] NZSC 61 (PDF, 88 KB)
Leave judgment - leave granted
Substantive judgment
KAIN AND ORS v HUTTON AND ORS SC 40/2007 [7 August 2008] (PDF, 113 KB)
Judgment appealed from
Case name
Lionel Andrew West v The Official Assignee
Case number
SC 82/2007
Summary
Civil appeal – disposal of applicant’s beneficial interest in property on insolvency – whether the Official Assignee was prevented from selling the applicant’s interest in the trust property when the applicant had been discharged from bankruptcy – whether the Official Assignee was free to choose which property comprised the applicant’s 1/3 share in the trust property –whether the Court of Appeal applied Cameron v Official Assignee (1987) 9 NZTC 6,187 correctly – whether the Official Assignee’s mistaken belief that he replaced the applicant as trustee of the property formed a cause of action in negligence - whether all debts owed by the applicant had been paid and whether this fact affected the ability of the Official Assignee to sell the property interest – whether the Court of Appeal should have allowed the applicant to introduce new evidence – whether the Magna Carta prevented the Official Assignee from disposing of the applicant’s property interest. [2007] NZCA 523 CA 53/06 20 November 2007
Result
Application for leave to appeal dismissed. Costs of $1500 to the respondent. 11 March 2008
Leave judgment - leave dismissed
Judgment appealed from
Case name
AMP v MacAlister Todd
Case number
SC 13/2006
Summary
Civil – insurance – solicitor trustee negligently failed to recognise that GST was payable on sale of trust assets – whether solicitor’ s firm entitled to indemnity from insurer – whether Court of Appeal failed to address a principal ground of appeal – whether claim against firm arose “from a trading loss or trading liability incurred by a business managed by or carried on by the insured” – whether claim against own firm by solicitor in capacity as trustee is a claim “made against” the firm – whether causation between solicitor’s negligence and loss – which party has onus to show causation – whether evidential basis to find that trustees would have secured indemnity from trust funds had solicitor not been negligent CA 108/05 15 December 2005
Result
Application for leave to appeal granted.
4 July 2006
_________________________
Appeal allowed, Judgment entered for the appellant on the respondents claim. No award of costs.
8 December 2006
4 July 2006
_________________________
Appeal allowed, Judgment entered for the appellant on the respondents claim. No award of costs.
8 December 2006
Substantive judgment
Leave judgment - leave granted
Judgment appealed from
Leave judgment - leave granted
Transcript
Hearing date : 20 0ctober 2006
Case name
Trustee Executors Limited v Peter James Murray and others and Morel & Co Ltd and Jennifer Ann Morel
Case number
SC 15/2006
Summary
Civil - allotment of participatory securities - 'payment' of minimum amount within 4 months of registered prospectus - whether the tender and acceptance of a cheque on terms that it be held and its value offset against the amount payable to its drawer on settlement can "be deemed to have been paid" within the meaning of Securities Act 1978, s 37(2)(a) - whether statutory supervisor owes common law duty of care in addition to duty to exercise reasonable diligence imposed by statutory implication and Deed of Participation - whether a duty as trustee of funds received pursuant to an offer of securities can be imposed in addition to an express duty as statutory supervisor - whether exclusion clause in Deed of Participation can exclude liability except for breach of the statutory implied duty to exercise reasonable diligence - whether negligent or inadvertent breach of trust can amount to (equitable) fraud for the purposes of Limitation Act 1950, s 28. CA 86/04 22 December 2005
Result
4 April 2006 – Leave to Appeal granted
Transcripts
- Hearing date 21 and 22 Nov 2006 SC 15/2006 (PDF, 485 KB)
Media Releases
- MR [2007] NZSC 27 (PDF, 159 KB)
Leave judgment - leave granted
Substantive judgment
Judgment appealed from
Case name
Khyentse Rinpoche Lama v Ross Hope and others
Case number
SC 48/2006
Summary
Civil – religious purpose trust – lay trustees to be supervised by Karmapa (head of Karma Kagyu School of Buddhism) – appellant, not a trustee, appointed by Karmapa as spiritual director – longstanding, international dispute within School over identity of Karmapa’s new incarnation – Court of Appeal recognised non-justiciability of religious and spiritual issues – correct approach to interpreting and enforcing purpose trusts – whether Court of Appeal erred in interpreting trust deed – whether trust deed gave appellant power to remove trustees – whether alternative application by appellant to remove trustees limited to Trustee Act 1956, s 51 or invoked the Court’s inherent jurisdiction to remove – the scope of that inherent jurisdiction – whether Court of Appeal wrong to conclude that appellant had not alleged improper conduct or breaches of trust deed by trustees – whether reinstatement of trustees by Court of Appeal gave rise to an ‘impossible situation’ inimical to attainment of the trust’s objects. CA 51/05 CA 119/05 7 June 2006
Result
Applications for leave to appeal by both the appellant and respondent are dismissed, with cost to the respondent $1,000.
19 September 2006
19 September 2006
Court of Appeal decision
Leave judgment - leave dismissed
Case name
David James Thomas Watt v The Queen
Case number
SC 86/2006
Summary
Summary Criminal – appeal against conviction – criminal breach of trust – applicant was trustee and executor of an estate – applicant billed estate and paid himself out of estate funds – finding that applicant knew he was not entitled to be paid – sentenced to 15 months’ imprisonment – whether Court of Appeal erred in upholding conviction. CA 131/06 17 October 2006
Result
Application for leave to appeal dismissed.
30 July 2007
Judgment appealed from
Leave judgment - leave dismissed
Case name
Edgar Alan Moray Burns and Yvonne Joy Burns v ANZ National Bank of New Zealand
Case number
SC 97/2006
Summary
Summary Civil – applicants sought to cancel settlement agreement made with respondent bank – proceedings arose out of claim against bank alleging breach of trust or fiduciary obligation by bank in failing to pay to applicants proceeds of sales of trees made by an agent of the applicants (knowing receipt) – failure on the part of respondent to discover documents which were discovered in a similar subsequent case involving another party – ss 7(3) and (4) Contractual Remedies Act – Court of Appeal found that there was a representation that discovery was adequate or complete when it was inadequate and incomplete – Court of Appeal found that applicants failed in their assertion of existence of agency relationship, having argued vendor/purchaser relationship in previous proceedings – whether Court of Appeal erred in holding that materiality is a necessary element of inducement – whether Court of Appeal erred in speculating how representors would have acted had position not been misrepresented to them to determine substantiality. CA 269/05 27 November 2006
Result
Application for leave to appeal refused.
17 April 2007
17 April 2007
Leave judgment - leave dismissed
Judgment appealed from
Case name
Jarod Peter Hester and others v The Commissioner of Inland Revenue
Case number
SC 2/2005
Summary
Civil appeal - whether the Court of Appeal erred in concluding that the income of the Church of Jesus Christ of the Latter-day Saints benefit and superanuation plan was not exempt from tax as the plan was not a trust for charitable purposes within the meaning of s CB4 (1)(c) of the Income Tax Act 2004 - whether the principles set out in Presbyterian Church Fund of New Zealand v The Commissioner for Inland Revenue [1994] 3 NZLR 363 should be applied to the plan of the Mormon church - application of the New Zealand Bill of Rights Act 1990 and the Human Rights Act 1993 to the law of charities. CA 6/04 14 December 2004
Result
Leave to appeal dismissed. Costs $2,500 plus disbursements to the respondent.
3 May 2005
3 May 2005
Transcripts
- Hearing date 21 April 2005 (PDF, 127 KB)
Leave judgment - leave dismissed
Judgment appealed from
Case name
Lynda Jean Whyman v Public Trust
Case number
SC 4/2005
Summary
Civil appeal - Property (Relationships) Act - appeal against the decision of the Court of Appeal allowing an appeal against the High Court's decision granting letters of administration to the respondent - interpretation of s 88(2) allowing the Court to grant leave only if it is satisfied that refusing leave would cause serious injustice - whether the choice of option B under s 61, under which the surviving spouse or de facto partner chooses not to make an application under the Act, means that there would be no jurisdiction for the Court to grant leave under s 88(2) to the administrator of the deceased's estate to entertain an application under s 25 for an order concerning the division of relationship property. CA 76/04 17 December 2004
Judgment appealed from
Result
Leave to appeal granted.
23 March 2005
___________________________
Notice of abandonment being lodged, the appeal is deemed to be dismissed.
Case name
Portage Licensing Trust v Avondale Hotel No 1 Limited & Peninsula Motor Hotel Limited
Case number
SC 71/2005
Summary
Civil appeal - whether the Court of Appeal erred in determining the proper basis for the implication of terms in a lease contract - whether the Court of Appeal's approach is consistent with its judgment in Vickery v Waitaki International Ltd [1992] 2 NZLR 58.CA 142/04 2 November 2005
Result
Leave to appeal dismissed. 1 March 2006
Leave judgment - leave dismissed
Judgment appealed from
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