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.
17 August 2026
Case information summary (as at 17 August 2026) – Cases where leave granted (PDF, 87 KB)
Case information summary (as at 17 August 2026) – Cases where leave to appeal decision not yet made (PDF, 128 KB)
All years
Case name
Dr C v Complaints Assessment Committee
Case number
SC 27/2005
Summary
Summary Civil appeal - privilege - medical practitioners - whether sections 32 and 35 of the Evidence Amendment Act (No 2) 1980 apply to proceedings before the Medical Practitioners Disciplinary Tribunal under the Medical Practitioners Act 1995 - whether waiver of privilege. CA 198/04 19 April 2005
Result
Leave to appeal granted. Costs to the appellant of $3000 plus disbursements to be fixed by the Registrar in absence of agreement.
22 August 2005
_________________________
A. The appeal is allowed to the extent set out in order C only.
B. The setting aside of the order made in the High Court is affirmed.
C. C's application for disclosure is referred back to the Medical Practitioners Disciplinary Tribunal for re-hearing in the light of the directions given in the reasons of the majority judgment. The directions given by the Court of Appeal are set aside.
The appellant must pay the costs of the Complaints Assessment Committee in the Court of Appeal as ordered in that Court. In this Court the respondent must pay the appellant's costs fixed at $10,000 together with disbursements to be fixed if necessary by the Registrar.
29 June 2006
22 August 2005
_________________________
A. The appeal is allowed to the extent set out in order C only.
B. The setting aside of the order made in the High Court is affirmed.
C. C's application for disclosure is referred back to the Medical Practitioners Disciplinary Tribunal for re-hearing in the light of the directions given in the reasons of the majority judgment. The directions given by the Court of Appeal are set aside.
The appellant must pay the costs of the Complaints Assessment Committee in the Court of Appeal as ordered in that Court. In this Court the respondent must pay the appellant's costs fixed at $10,000 together with disbursements to be fixed if necessary by the Registrar.
29 June 2006
Transcripts
- Hearing date 17 August 2005 SC 27/2005 (PDF, 86 KB)
- Hearing date 15 December 2005 SC 27/2005 (PDF, 216 KB)
Media Releases
- MR [2006] NZSC 48 (PDF, 90 KB)
Leave judgment - leave granted
Substantive judgment
Case name
Paul Burke and Gillian Burke v The Western Bay of Plenty District Council
Case number
SC 34/2005
Summary
Enforcement of contracts - whether there was an agreement to pay the compensation claimed. Supreme Court procedure - whether there a re exceptional circumstances justifying the granting of leave to appeal pursuant to s 14 Supreme Court Act 2003, in circumstances where the Court of Appeal has declined leave to appeal to that Court . CIV 2003 470 356, 18 September 2004
Result
Leave to appeal dismissed. Costs to respondent $2,000 plus disbursement is to be fixed if necessary.
13 July 2005
13 July 2005
Leave judgment - leave dismissed
Judgment appealed from
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
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
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
Waitakere City Council v Estate Homes Limited
Case number
SC 73/2005
Summary
Resource management - whether Court of Appeal erred in answering four questions of law - whether a subdivision consent application can be altered by the local authority, and granted subject to the alterations, as long as no prejudice arises to the applicant, other parties, or public - whether a consent can be granted subject to conditions more favourable than those applied for - whether Court of Appeal erred in finding that construction of road fell within s108(2)(c) RMA - whether Court of Appeal erred in finding that acquisition of centre part of road fell within s322(2)(a) Local Government Act 1974 - whether Court of Appeal erred in sending proceedings back to Environment Court.CA 210/04 11 November 2005
Result
Leave to appeal granted.
4 April 2006
_____________________________
The appeal is allowed. The judgment of the Court of Appeal is set aside. The appeal is referred back to the Environment Court to be determined in accordance with this judgment. Estate Homes must pay the Council costs in the sum of $10,000 plus reasonable disbursements. Costs in the other Courts are to be fixed by those Courts.
19 December 2006
4 April 2006
_____________________________
The appeal is allowed. The judgment of the Court of Appeal is set aside. The appeal is referred back to the Environment Court to be determined in accordance with this judgment. Estate Homes must pay the Council costs in the sum of $10,000 plus reasonable disbursements. Costs in the other Courts are to be fixed by those Courts.
19 December 2006
Transcripts
- Hearing date 11 July 2006 (PDF, 1.3 MB)
Media Releases
- waitakerecitycouncilmediarelease (PDF, 108 KB)
Court of Appeal decision
Leave judgment - leave granted
Substantive judgment
Case name
Otago Station Estates Limited v John Robert Parker; and David John Parker and Lorraine Maree Parker.
Case number
SC CIV 6/2004
Summary
Civil appeal - method of payment of a deposit in a conveyancing transaction where notice of intention to cancel for non-payment of deposit has been given - whether payment in law requires legal tender or whether tendering a personal cheque is sufficient. CA 158/03 10 June 2004
Result
Leave to appeal granted.
12 October 2004
_____________________
The appeal is dismissed. Costs in favour of the respondents are to be fixed following receipt of memoranda of counsel.
19 April 2005
12 October 2004
_____________________
The appeal is dismissed. Costs in favour of the respondents are to be fixed following receipt of memoranda of counsel.
19 April 2005
Transcripts
- Hearing date 12 October 2004 (PDF, 63 KB)
- Hearing date 15 March 2005 (PDF, 257 KB)
Leave judgment - leave granted
Substantive judgment
Supreme court decision
Judgment appealed from
Case name
Wynston Alexander Cecil Chirnside & Rattray Properties Limited v Richard Elmore Fay
Case number
SC CIV 7/2004
Summary
Civil appeal – commercial relationship for the purposes of property development – whether this gave rise to a joint venture of a commercial kind – whether a fiduciary relationship can arise where parties are negotiating towards a joint venture – whether in this case the parties owed fiduciary obligations to each other.
Result
A. The appeal and cross-appeal are each allowed in part.
B. The damages and interest awards made by the Court of Appeal are set aside.
C. The judgment entered for Mr Fay against Mr Chirnside in the High Court is varied from $495,000 to $850,000 plus interest as awarded by the High Court.
D. Judgment is entered for Mr Fay against Rattray Properties Ltd for $850,000 plus interest in the same terms as awarded against Mr Chirnside. E. The caveat lodged by Mr Fay against the title to the Harvey Norman project is to be removed. F. Mr Chirnside is to pay Mr Fay costs in respect of the proceedings in this court in the total sum of $15,000 plus disbursements, to be fixed if necessary by the registrar. The costs awarded to Mr Fay in the Court of Appeal are increased from $4,000 to $10,000. Costs in the High Court are to remain as fixed by that court. 6 September 2006
B. The damages and interest awards made by the Court of Appeal are set aside.
C. The judgment entered for Mr Fay against Mr Chirnside in the High Court is varied from $495,000 to $850,000 plus interest as awarded by the High Court.
D. Judgment is entered for Mr Fay against Rattray Properties Ltd for $850,000 plus interest in the same terms as awarded against Mr Chirnside. E. The caveat lodged by Mr Fay against the title to the Harvey Norman project is to be removed. F. Mr Chirnside is to pay Mr Fay costs in respect of the proceedings in this court in the total sum of $15,000 plus disbursements, to be fixed if necessary by the registrar. The costs awarded to Mr Fay in the Court of Appeal are increased from $4,000 to $10,000. Costs in the High Court are to remain as fixed by that court. 6 September 2006
Transcripts
- Hearing date 14 and 15 November 2005 (PDF, 619 KB)
Media Releases
- MR [2006] NZSC 68 (PDF, 104 KB)
Supreme court decision
Minute granting leave (PDF, 12 KB)
Supreme court decision
Leave judgment - leave granted
Substantive judgment
Case name
Pharmacy Care Systems Limited v The Attorney-General.
Case number
SC CIV 12/2004
Summary
Civil appeal - contract law - correct test for whether a contract or deed is voidable because it is entered into under duress - whether duress was established on the facts of this case - whether the Court of Appeal breached natural justice by finding that the applicant had affirmed the deed when affirmation was not pleaded by the respondent as a defence - whether affirmation by silence requires the respondent to have relied on that silence to its detriment. CA198/03 16 August 2004
Result
Leave to appeal refused. Costs to the respondent $1,000 plus disbursements as fixed by the Registrar. 9 November 2004
Leave judgment - leave dismissed
Judgment appealed from
Case name
Ahmed Zaoui v The Attorney-General, The Superintendent, Auckland Remand Prison and Human Rights Commission.
Case number
SC CIV 13/2004
Summary
Habeas Corpus - application for Habeas Corpus or bail under the inherent jurisdiction of the High Court where the applicant is detained on the basis of a security risk certificate issued pursuant to Part 4A Immigration Act 1987. CA166/04 17 September 2004 PDF 258kb
Result
14 October 2004. Gault J; Keith J. Leave to appeal granted.
14 October 2004
______________________________
Declaration that there is jurisdiction to grant bail and to vary warrant. Court to reconvene on Thursday 9 December 2004 to hear further argument.
25 November 2004
_______________
Bail allowed on conditions 9 December 2004
14 October 2004
______________________________
Declaration that there is jurisdiction to grant bail and to vary warrant. Court to reconvene on Thursday 9 December 2004 to hear further argument.
25 November 2004
_______________
Bail allowed on conditions 9 December 2004
Transcripts
- Hearing date 10 and 11 November 2004 (PDF, 437 KB)
- Hearing date 9 December 2004 (PDF, 105 KB)
Leave judgment - leave granted
Supreme court decision
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