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
LSG Sky Chefs New Zealand Limited v Pacific Flight Catering Limited and PRI Flight Catering Limited
Case number
SC 103/2013
Summary
Civil Appeal – Employment Relations Act 2000 – Whether the Court of Appeal erred in finding that s 69J of the Employment Relations Act 2000 had the effect of extinguishing the transferring employer’s accrued contractual obligations to a transferred employee – Whether the Court of Appeal erred in finding that s 69J of the Employment Relations Act 2000 absolved the transferring employer from liability to the new employer for the accrued contractual entitlements of a transferred employee – Whether the Court of Appeal erred in using the Employment Relations Amendment Bill 2013 as an aid to interpretation of the Employment Relations Act 2000. [2013] NZCA 386 CA 758/2012
Result
A Leave to appeal is granted.
B The ground for appeal is whether, under Part 6A of the Employment Relations Act 2000, the respondents are liable to reimburse the applicant for the cost of accrued leave entitlements of the respondents’ former employees on their transfer to the applicant.
6 December 2013
___________________
The appeal is dismissed.
The appellant is to pay the respondents costs of $25,000 and reasonable disbursements as fixed by the Registrar.
5 November 2014
B The ground for appeal is whether, under Part 6A of the Employment Relations Act 2000, the respondents are liable to reimburse the applicant for the cost of accrued leave entitlements of the respondents’ former employees on their transfer to the applicant.
6 December 2013
___________________
The appeal is dismissed.
The appellant is to pay the respondents costs of $25,000 and reasonable disbursements as fixed by the Registrar.
5 November 2014
Media Releases
- MR [2014] NZSC 158 (PDF, 265 KB)
Substantive judgment
Transcript
Elias CJ, McGrath, William Young, Glazebrook, Arnold JJ.
Case name
Peter William Mawhinney v Nags Head Horse Hotel Limited
Case number
SC 105/2013
Summary
Civil Appeal – Whether the Court of Appeal erred in determining that knowledge of a priority agreement between mortgagees was binding on all parties with that knowledge notwithstanding that the priorities had not been registered – Whether the Court of Appeal erred in determining that knowledge by an attorney amounts to knowledge on the part of a principal – Whether the Court of Appeal erred in upholding the High Court decision that the proceedings could be determined summarily – Whether the Court of Appeal failed to have proper regard to Westpac New Zealand Ltd v Clark [2008] NZCA 346 – Whether the Court of Appeal judgment is based on incorrect facts.[2013] NZCA 401 CA 28/2013
Result
A The application for leave to appeal is dismissed.
B The applicant is to pay to the respondent costs of $2,500.
14 November 2013.
B The applicant is to pay to the respondent costs of $2,500.
14 November 2013.
Leave judgment - leave dismissed
Case name
Tauranga Law v John Appleton and Natalie Marie Ryan as trustees of the Appleton Family Trust and John Appleton.
Case number
SC 108/2013
Summary
Civil Appeal – Negligence – Whether the Court of Appeal erred in its approach to the issue of causation in particular whether, if properly advised, the applicant would nevertheless have entered the transaction.[2013] NZCA 420 CA 858/2011
Result
A. Leave to appeal is granted.
B. The approved ground of appeal is whether the Court of Appeal’s judgment was correct on the issue of causation.
18 November 2013
________________________
A The appeal is allowed.
B The respondents are to pay the appellant costs of $25,000 plus reasonable disbursements (to be set by the Registrar if necessary).
C The costs order made in the Court of Appeal are set aside and any costs order in the High Court is reinstated. If costs cannot be agreed for the Court of Appeal, costs should be set by that Court in the light of this judgment.
19 February 2015
B. The approved ground of appeal is whether the Court of Appeal’s judgment was correct on the issue of causation.
18 November 2013
________________________
A The appeal is allowed.
B The respondents are to pay the appellant costs of $25,000 plus reasonable disbursements (to be set by the Registrar if necessary).
C The costs order made in the Court of Appeal are set aside and any costs order in the High Court is reinstated. If costs cannot be agreed for the Court of Appeal, costs should be set by that Court in the light of this judgment.
19 February 2015
Media Releases
- MR [2015] NZSC 3 (PDF, 254 KB)
Substantive judgment
Transcript
Elias CJ, McGrath, William Young, Glazebrook, Arnold JJ.
Case name
Jennings Roadfreight Limited (in liquidation) and Boris van Delden and Roy Horrocks as liquidators v Commissioner of Inland Revenue
Case number
SC 118/2013
Summary
Civil Appeal – Tax Administration Act 1994 – Whether the Court of Appeal erred in deciding that the trust created by s 167(1) of the Tax Administration Act 1994 did not come to an end upon liquidation.[2013] NZCA 455 CA 432/2012
Result
Leave to appeal is granted.
The approved ground for appeal is whether:
(a) the trust arising under s 167(1) of the Tax Administration Act 1994 continues in existence upon the liquidation of a company, in respect of funds held in the company’s account; or
(b) the trust is extinguished upon the liquidation, so that the funds held are dealt with in accordance with Schedule 7 of the Companies Act 1993.
14 February 2014
_________________
The appeal is allowed. The respondent must repay $14,076.38 to the appellants.
Costs of $25,000 plus reasonable disbursements (to be set by the Registrar if necessary) are awarded to the appellants.
7 November 2014
The approved ground for appeal is whether:
(a) the trust arising under s 167(1) of the Tax Administration Act 1994 continues in existence upon the liquidation of a company, in respect of funds held in the company’s account; or
(b) the trust is extinguished upon the liquidation, so that the funds held are dealt with in accordance with Schedule 7 of the Companies Act 1993.
14 February 2014
_________________
The appeal is allowed. The respondent must repay $14,076.38 to the appellants.
Costs of $25,000 plus reasonable disbursements (to be set by the Registrar if necessary) are awarded to the appellants.
7 November 2014
Media Releases
- MR [2014] NZSC 160 (PDF, 189 KB)
Leave judgment - leave granted
Substantive judgment
Transcript
Elias CJ, McGrath, William Young, Glazebrook, Arnold JJ.
Case name
Rujing Jin v North Shore District Court, Yasuki Konishi and Makiki Konishi
Case number
SC 125/2013
Summary
Civil Appeal – Practice and procedure – Proceedings – District Court Rules 2009 –Whether the Court of Appeal erred in upholding the District Court Judge’s decision to alter the mode of trial – Whether the Court of Appeal erred in upholding the District Court Judge’ s direction that there would be no judicial settlement conference – Whether the Court of Appeal erred in declining to adjourn the claim against the applicant – Whether the Court of Appeal erred in its decision on costs.[2013] NZCA 475 CA 168/2013
Leave judgment - leave dismissed
Dates
Application for leave to appeal dismissed.
Costs $2,500 to the respondent
12 February 2014.
Case name
Yandina Investments Limited v ANZ National Bank Limited, Westpac Banking Corporation and BNZ Investments Limited
Case number
SC 129/2013
Summary
Civil Appeal – Strike out application – Deeds of Assignment – Did the Court of Appeal correctly determine the subject matter being assigned under the Deeds – How should the principles for the interpretation of commercial contracts from Vector Gas Ltd v Bay of Plenty Energy Ltd [2010] 2 NZLR 444 apply in proceedings where there is an alleged lack of information as to the background of entry into the contract as well as its context – Reconsideration of Junior Farms Ltd v Hampton Securities Ltd (in liquidation) [2006] NZSC 60 as to the application of substantial miscarriage of justice ground in s 13(2) of the Supreme Court Act 2003 to civil appeals. [2013] NZCA 469 CA 529/2012
Leave judgment - leave dismissed
Dates
Application for leave to appeal dismissed.
Costs of $2,500 plus reasonable disbursements to the respondents.
Case name
Razdan Rafiq v The Chief Executive of the Ministry of Business, Innovation and Employment.
Case number
SC 134/2013
Summary
Civil appeal – Whether Court of Appeal was correct to dismiss application to review the Registrar’s decision refusing to waive security for costs – Whether waiver of security for costs is in the interests of justice. [2013] NZCA 586 CA 577/2013
Result
Application for leave to appeal dismissed.
19 February 2014
19 February 2014
Leave judgment - leave dismissed
Case name
Vincent Ross Siemer v Attorney-General
Case number
SC 137/2013
Summary
Civil appeal – whether the Court of Appeal erred in upholding the decision of the Registrar of that Court not to dispense with security for costs. [2013] NZCA 540 CA 309/2013
Leave judgment - leave dismissed
Dates
Application for leave to appeal dismissed.
Costs $2,5000 to the respondent plus reasonable disbursements.
19 February 2014.
Case name
Gibbston Downs Wines Limited v Property Ventures Limited (in receivership and liquidation)
Case number
SC 139/2013
Summary
Civil appeal – Whether a liquidator can issue a statutory demand in relation to a debt owed to the company that is subject to a charge or in respect of which a receiver has been appointed by a secured creditor – Whether Court of Appeal erred in its interpretation of s 254 of the Companies Act 1993 – Whether Court of Appeal erroneously admitted affidavit evidence from respondent and placed too much weight on it in reaching its decision – Whether section 50 of the Property Law Act 2007 applied.[2013] NZCA 546 CA 82/2013
Leave judgment - leave dismissed
Dates
The applications for leave to appeal are dismissed.
The applicants, jointly and severally, must pay the respondent costs in the amount of $5,000 plus all reasonable disbursements to be fixed if necessary by the Registrar.
17 March 2014.
Case name
Spinach Design Limited v Property Ventures Limited (in receivership and liquidation)
Case number
SC 140/2013
Summary
Civil appeal – Whether a liquidator can issue a statutory demand in relation to a debt owed to the company that is subject to a charge or in respect of which a receiver has been appointed by a secured creditor – Whether Court of Appeal erred in its interpretation of s 254 of the Companies Act 1993 – Whether Court of Appeal erroneously admitted affidavit evidence from respondent and placed too much weight on it in reaching its decision – Whether section 50 of the Property Law Act 2007 applied.[2013] NZCA 546 CA 83/2013
Leave judgment - leave dismissed
Dates
The applications for leave to appeal are dismissed.
The applicants, jointly and severally, must pay the respondent costs in the amount of $5,000 plus all reasonable disbursements to be fixed if necessary by the Registrar.
17 March 2014.
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