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
Dollars and Sense Finance Limited v Rerekohu Nathan
Case number
SC 31/2007
Summary
Summary Civil appeal – enforceability of a registered mortgage – borrower forged the signature of one of the sureties, his mother, on the mortgage documents – lender’s solicitor had delivered the mortgage documents to the borrower to procure the signatures and express informed consent of the sureties – whether the borrower was the agent of the lender – whether the borrower’s fraud can be attributed to the lender – whether the surety has an in personam claim against the lender. CA 107/05 4 May 2007
Result
Application for leave to appeal granted.
29 June 2007
______________________
Appeal dismissed with costs of $15,000 and reasonable disbursements to the respondent.
8 April 2008
29 June 2007
______________________
Appeal dismissed with costs of $15,000 and reasonable disbursements to the respondent.
8 April 2008
Leave judgment - leave granted
Judgment appealed from
Transcript
Substantive judgment / Media release
Case name
Harvey Douglas White v Auckland District Health Board
Case number
SC 37/2007
Summary
Civil Appeal – leap frog appeal against decision of the Employment Court after the Court of Appeal declined leave to appeal - whether the Employment Court erred in law when it declined to grant a permanent non-publication order in relation to the applicant’s name – whether the Court considered matters for which there was no evidential basis and failed to consider relevant matters – whether the Court erred when it concluded that the applicant had brought the public consequences upon himself – whether the Court failed to ensure that it had up to date information AC 10/7 ARC 52/05 23 February 2007
Result
Application for leave to appeal dismissed. Order preventing publication of the applicants name is lifted. Costs to respondent $2,5000 plus disbursements.
8 August 2007
8 August 2007
Leave judgment - leave dismissed
Case name
KMA v Secretary for Justice
Case number
SC 42/2007
Summary
Civil Appeal – Hague Convention – leap frog appeal against a High Court decision following a Court of Appeal decision refusing leave – whether the High Court erred by upholding a Family Court’s decision ordering two of the applicant’s children be returned to Australia under the Hague Convention – whether the High Court erred by refusing to consider a submission that the respondent acquiesced by taking no steps in relation to the application for four and a half months - application for stay of execution – application to adduce new evidence regarding the financial position of the parties and allegations that the respondent sexually abused another childCA 159/07 5 June 2007; CIv 2006 409 2482 16 March 2007
Result
Application for leave to appeal dismissed.
Costs reserved.
20 July 2007
______________________
Judgment of the Court on costs issued.
29 August 2007
Costs reserved.
20 July 2007
______________________
Judgment of the Court on costs issued.
29 August 2007
Leave judgment - leave dismissed
Additional document
Case name
Ben Nevis Forestry Ventures Limited, Bristol Forestry Ventures Limited, Clive Richard Bradbury, Greenmass Limited, Gregory Alan Peebles and Estate of the Late Kenneth John Laird v Commissioner of Inland Revenue
Case number
SC 43/2007
Summary
Civil – income tax appeals – designated as test cases by Commissioner – all appellants investors in “Trinity” forestry scheme – whether Court of Appeal erred in upholding Commissioner’s assessments – correct approach to application of Peterson v CIR [2006] 3 NZLR 433 – whether appellants’ investment in scheme a tax avoidance arrangement within meaning of ss BB 9 and BG 1 of the Income Tax Act 1994 – whether insurance premiums required to be spread under accruals rules – whether Commissioner’s power to reconstruct arrangements to eliminate improper tax advantage exercised correctly – whether appellants took an abusive tax position – whether application of penalties to the appellants wrong in law and excessive.CA 21/05 11 June 2007
Result
Application for leave to appeal granted.
9 October 2007
____________________
Appeal dismissed. Costs to the respondent.
19 December 2008
9 October 2007
____________________
Appeal dismissed. Costs to the respondent.
19 December 2008
Media Releases
- MR [2008] NZSC 115 (PDF, 89 KB)
Leave judgment - leave granted
Recall judgment
Supreme court decision
Substantive judgment
Judgment appealed from
Transcript
Hearing date : 8 February 2008
Hearing date : 23 – 27 June 2008
Elias CJ, Tipping, McGrath Gault, Anderson JJ
Substantive judgment / Media release
Case name
Accent Management Limited, Lexington Resources Limited, and Redcliffe Forestry Ventures Limited v Commissioner of Inland Revenue
Case number
SC 44/2007
Summary
Civil – income tax appeals – designated as test cases by Commissioner – all appellants investors in “Trinity” forestry scheme – whether Court of Appeal erred in upholding Commissioner’s assessments – correct approach to application of Peterson v CIR [2006] 3 NZLR 433 – whether appellants’ investment in scheme a tax avoidance arrangement within meaning of ss BB 9 and BG 1 of the Income Tax Act 1994 – whether insurance premiums required to be spread under accruals rules – whether Commissioner’s power to reconstruct arrangements to eliminate improper tax advantage exercised correctly – whether appellants took an abusive tax position – whether application of penalties to the appellants wrong in law and excessive.CA 21/05 11 June 2007
Result
Application for leave to appeal granted.
9 October 2007
_____________________
Appeal dismissed. Costs to the respondent.
19 December 2008
9 October 2007
_____________________
Appeal dismissed. Costs to the respondent.
19 December 2008
Media Releases
- MR [2008] NZSC 115 (PDF, 89 KB)
Leave judgment - leave granted
Recall judgment
Supreme court decision
Substantive judgment
Substantive judgment /Media release
Transcript
Hearing date : 8 February 2008
Hearing date : 8 – 10 July 2008
Elias CJ, Blanchard, Tipping, McGrath , Anderson JJ
Judgment appealed from
Case name
Neville Gibson v Minter Ellison Rudd Wattts
Case number
SC 47/2007
Summary
Civil Appeal – whether the appellant should be permitted to place Specialist Legal Aid Advisor reports and Legal Services Agency internal documents before the Court of Appeal – whether the appellant should be permitted to amend his grounds of appeal in the Court of AppealCA 202/05 CA 33/06 20 June 2007
Result
Application for leave to appeal is dismissed.
Costs to respondent $2,500 plus reasonable disbursements.
Costs to respondent $2,500 plus reasonable disbursements.
Leave judgment - leave dismissed
Judgment appealed from
Case name
Michael Raymond Main v Kevin Evan Main
Case number
SC 56/2007
Summary
Civil appeal – Residential Tenancies Act 1986, s 2(3) – whether the Court of Appeal was correct in holding that the respondent had proved that the premises were let principally for purposes other than residential purposes – whether the Court of Appeal had jurisdiction to make s 2(3) finding – whether the respondent had complied with the Court of Appeal’ s order as to the filing of additional evidence – whether the Court of Appeal failed to take into account evidence filed.CA 25/07 23 July 2007
Result
Application for leave to appeal dismissed. Costs $2,500 to respondent. 8 October 2007
Leave judgment - leave dismissed
MAIN v MAIN SC 56/2007 [8 October 2007] (PDF, 13 KB)
Judgment appealed from
Case name
Mark Raymond Creedy v Commissioner of Police
Case number
SC 57/2007
Summary
Summary Civil appeal – employment law – police officer dismissed after a tribunal established under s 12 of the Police Act 1958 found him guilty of a number of misconduct charges – personal grievance proceedings commenced in Employment Relations Authority – whether Court of Appeal erred in finding that unjustifiable dismissal claim was out of time – whether there are “exceptional circumstances” for the purposes of ss 114(4) and 115 of Employment Relations Act 2000 – application of Wilkins & Field Ltd v Fortune [1998] 2 ERNZ 70 – whether Court of Appeal erred in finding that the actions of the s 12 tribunal could not be attributed to the Commissioner of Police and thus are not open to review in personal grievance proceedings.CA 234/06 24 July 2007
Result
Application for leave to appeal granted.
19 October 2007
_________________________
Appeal dismissed. No order for costs.
23 April 2008
19 October 2007
_________________________
Appeal dismissed. No order for costs.
23 April 2008
Transcripts
- Hearing date 10 March 2008 (PDF, 311 KB)
Media Releases
- mediarelease sc572007 000 (PDF, 78 KB)
Leave judgment - leave granted
Court of Appeal decision
Supreme court decision
Case name
Neil Martin Clarke v New Zealand Police and Others
Case number
SC 58/2007
Summary
y Civil – application to review Registrar’s decision to refuse to accept application for filing – applicant had sought leave to appeal Court of Appeal’s decision that it had no jurisdiction to grant special leave to appeal against a costs decision of an Associate Judge of the High Court – applicant seeking to overturn costs decision in the Court of Appeal.[2007] NZCA 294 CA 226/06 17 July 2007
Result
Application for leave to appeal is dismissed with costs of $1,500 to the second respondent. 9 October 2007
Leave judgment - leave dismissed
Judgment appealed from
Case name
Campbell Robert Thom v Davys Burton
Case number
SC 62/2007
Summary
Civil appeal – negligence action against firm of solicitors – prenuptial agreement invalidly executed – as a result, property which was separate property under the prenuptial agreement was included in the matrimonial property division – whether the claim is barred by s 4(1) Limitation Act 1950 – whether the doctrine of reasonable discoverability applies, so that the damage was first suffered when the Family Court declined to give effect to the prenuptial agreement.CA 3/06 30 May 2007
Result
Application for leave to appeal granted. _________________ Appeal dismissed.
Costs to respondent $15,000 and reasonable disbursements.
18 August 2008
Costs to respondent $15,000 and reasonable disbursements.
18 August 2008
Leave judgment - leave granted
THOM v DAVYS BURTON SC 62/2007 [13 December 2007] (PDF, 18 KB)
Substantive judgment / Media release
Transcription
Judgment appealed from
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