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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.

14 May 2024

Case information summary 2024 (as at 14 May 2024) –  Cases where leave granted (121 KB)
Case information summary 2024 (as at 14 May 2024)  – Cases where leave to appeal decision not yet made (PDF, 92 KB)

2018

Case name
David Raymond Lewis v Chief Executive of the Department of Corrections
Case number
SC 31/2018
Summary
Criminal Appeal – Whether the Court of Appeal erred in dismissing the applicant’s appeal against an extended supervision order made in the District Court.
Result
The application for leave to appeal is dismissed.                                                            
13 June 2018
District Court decision
Not publicly available
Court of Appeal decision
David Raymond Lewis v Chief Executive of the Department of Corrections  [2018 NZCA 99 [18 April 2018]
Leave judgment - leave dismissed
DAVID RAYMOND LEWIS v CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS[2018] NZSC 51 [13 June 2018] (PDF, 209 KB)
Case name
Joseph Warren Lepper v The Queen
Case number
SC 32/2018
Summary
Criminal Appeal – Whether the Court of Appeal erred in dismissing the applicant’s appeal against a sentence of preventive detention.
Result
The application for an extension of time to file an application for leave to appeal is dismissed. 26 June 2018
High Court decision
R v LEPPER [2014] NZHC 3015 [28 November 2014]
Court of Appeal decision
LEPPER v R [2016] NZCA 209 [18 May 2016]
Leave judgment - leave dismissed
JOSEPH WARREN LEPPER v R [2018] NZSC 58 [26 June 2018] (PDF, 197 KB)
Case name
Donny Falakoa v The Queen
Case number
SC 33/2018
Summary
Criminal Appeal – Whether the Court of Appeal erred by not making a discrete allowance for mental health issues and remorse during sentencing – Whether there are exceptional circumstances justifying taking an appeal against conviction directly to this Court.
Result
The application for leave to appeal is dismissed.                                                               
31 July 2018
District Court decision
Not publicly available
Court of Appeal decision
FALAKOA V R [2016] NZCA 202 [16 May 2016]
Leave judgment - leave dismissed
DONNY FALAKOA v R [2018] NZSC 65 [31 July 2018] (PDF, 191 KB)
Case name
H v The Queen
Case number
SC 34/2018
Summary
Order prohibiting publication of the judgment or any part of the proceedings (including the result) in the news media or on the internet or other publicly available database until final disposition of the retrial. Publication in a law report or law digest permitted.      
Result

Order prohibiting publication of the judgment or any part of the proceedings (including the result) in the news media or on the internet or other publicly available database until final disposition of the retrial. Publication in a law report or law digest permitted.

17 July 2018 
Court of Appeal decision
Not publicly available
District Court/High Court judgment

Not publicly available 
Case name
Mark Robert Sandman v Colin Charles McKay, Roger David Cann and David John Clark
Case number
SC 35/2018
Summary
Civil Appeal – Whether the Court of Appeal erred in granting summary judgment to the respondents on the cause of action against them.
Result
A Leave to appeal is granted (McKay v Sandman [2018] NZCA 103, [2018] NZAR 707).
B The approved question is whether the Court of Appeal erred in granting summary judgment to the respondents on the cause of action against them.
7 August 2018
________________________
A  The appeal is dismissed.
B Costs of $25,000 plus usual disbursements are awarded to the respondents.  
16 April 2019
Transcripts
Media Releases
High Court decision
M R SANDMAN v R J GIBONEY AND C C MCKAY AND C C MCKAY, R D CANN AND D J CLARK [2017] NZHC 1832 [4 August 2017]
Court of Appeal decision
MCKAY & ORS v MARK ROBERT SANDMAN [2018] NZCA 103 [20 April 2018]
Leave judgment - leave granted
MARK ROBERT SANDMAN v COLIN CHARLES McKAY, ROGER DAVID CANN AND DAVID JOHN CLARK [2018] NZSC 71 [7 August 2018] (PDF, 179 KB)
Substantive judgment
MARK ROBERT SANDMAN v COLIN CHARLES McKAY, ROGER DAVID CANN AND DAVID JOHN CLARK (as partners of Wilson McKay) [2019] NZSC 41 [16 April 2019] (PDF, 541 KB)
Case name
S v The Queen
Case number
SC 36/2018
Summary
Criminal Appeal – Miscarriage of justice – Whether the Court of Appeal was right to dismiss the appeal on the mode of trial point.
Result
A  The application for leave to appeal is granted (S (CA377/2017) v R [2018] NZCA 101).
B  The approved question is whether the Court of Appeal was right to dismiss the appeal on the mode of trial point.
30 July 2018
___________________
The appeal is dismissed.
20 December 2018
Transcripts
Media Releases
District Court decision
Not publicly available
Court of Appeal decision
S (CA377/2017) v R [2018] NZCA 101 (19 April 2018)
Leave judgment - leave granted
S (SC 148/2016) v R [2017] NZSC 43 [4 April 2017] (PDF, 89 KB)
Substantive judgment
S (SC 36/2018) v R [2018] NZSC 124 [20 December 2018] (PDF, 450 KB)
Leave judgment - leave granted
S (SC 36/2018) v R [2018] NZSC 64 [30 July 2018] (PDF, 186 KB)
Case name
T v The Queen
Case number
SC 37/2018
Summary
Criminal Appeal – Whether the Court of Appeal erred in dismissing the applicant’s appeal against conviction.  
Result

A Notice of Abandonment having being lodged the appeal is deemed to be dismissed.

12 November 2018 
District Court decision
Not publicly available
Court of Appeal decision
T(CA670/2016) v The Queen [2018] NZCA 102 [20 April 2018]
Case name
Ee Kuoh Lau v The Queen
Case number
SC 38/2018
Result
A Notice of abandonment having been lodged, the appeal is deemed to be dismissed
31 May 2018
District Court decision
Not publicly available
Court of Appeal decision
Lau v R [2018] NZCA 151 [16 May 2018]
Case name
D v The Queen
Case number
SC 39/2018
Summary
Criminal Appeal – Whether the Court of Appeal erred in partly dismissing the applicant’s appeal against conviction – Whether the trial Judge misdirected the jury – Whether evidence adduced at trial was unfairly prejudicial to the applicant.
Result
The application for leave to appeal is dismissed.   20 August 2018
District Court decision
Not publicly available
Court of Appeal decision
D (CA533/2016) v R [2018] NZCA 109 [20 April 2018]
Leave judgment - leave dismissed
D (SC 39/2018) v R [2018] NZSC 76 [20 August 2018] (PDF, 207 KB)
Case name
F v The Queen
Case number
SC 40/2018
Summary
Order prohibiting publication of the judgment and any part of the proceedings (including the result) in news media or on the internet or other publicly available database until final disposition of trial. Publication in law report or law digest permitted.         
Result

Order prohibiting publication of the judgment and any part of the proceedings (including the result) in news media or on the internet or other publicly available database until final disposition of trial. Publication in law report or law digest permitted.                                                                                                

15 June 2018  
Court of Appeal decision
Not publicly available
High/District Court judgment

Not publicly available
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