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
Garry Albert Muir v Commissioner of Inland Revenue
Case number
SC 41/2018
Summary
Civil Appeal – Tax Administration Act 1994 – Res judicata – Whether the Court of Appeal was right to dismiss the applicant’ s appeal against summary judgment – Whether challenge proceedings finally determined.
Result
A The application for leave to appeal is dismissed.
B Costs of $2,500 are awarded to the respondent.
29 August 2018
B Costs of $2,500 are awarded to the respondent.
29 August 2018
Court of Appeal decision
Leave judgment - leave dismissed
High/District Court judgment
Case name
George WHICHMAN v The Queen
Case number
SC 42/2018
Summary
Not publicly available
Result
Not publicly available
Court of Appeal decision
Not publicly available
Case name
John Stephen Patrick v Bank of New Zealand
Case number
SC 43/2018
Summary
Civil Appeal – Whether the Court of Appeal erred in upholding the High Court’s decision to grant summary judgment to the respondent.
Result
A The application for leave to appeal is dismissed.
B The applicant is to pay costs of $2,500 to the respondent.
8 August 2018
B The applicant is to pay costs of $2,500 to the respondent.
8 August 2018
High Court decision
Court of Appeal decision
Leave judgment - leave dismissed
Case name
Richina Pacfic Limited v Samson Corporation Limited and AAI Limited (formerley Vero Insurance Limited)
Case number
SC 44/2018
Summary
Civil Appeal – Interpretation of a standard form construction contract – Whether the Court of Appeal erred in dismissing the applicant’ s appeal.
Result
A The application for leave to appeal is dismissed.
B The applicant is to pay costs of $2,500 to the first respondent.
8 August 2018
B The applicant is to pay costs of $2,500 to the first respondent.
8 August 2018
High Court decision
Court of Appeal decision
Leave judgment - leave dismissed
Case name
Bevin Hall Skelton v Charles Michael Howcroft, Daran Nair and Charles Henry Bird
Case number
SC 45/2018
Summary
Civil Appeal – Whether the Court of Appeal erred in dismissing an application for extension of time to appeal – Whether the Court of Appeal erred in upholding an order for security for costs in an application for pre-commencement discovery.
Result
The application for leave to appeal is dismissed.
3 August 2018
3 August 2018
High Court decision
Court of Appeal decision
Leave judgment - leave dismissed
Case name
Philip Claude Tarr v Douglas John Sutcliffe and Terence Sutcliffe and Braden Matson as partners of Frost & Sutcliffe Lawyers
Case number
SC 46/2018
Summary
Civil Appeal – Whether the Court of Appeal erred in striking out the applicant’s claim as an abuse of process.
Result
A The application for leave to appeal is dismissed.
B Costs of $2,500 are awarded to the respondents.
31 July 2018
B Costs of $2,500 are awarded to the respondents.
31 July 2018
High Court decision
Court of Appeal decision
Leave judgment - leave dismissed
Case name
Ruiren Xu and Diamantina Trust Limited v IAG New Zealand Limited
Case number
SC 47/2018
Summary
Civil Appeal – Whether a replacement benefit payable under an insurance policy issued by the respondent was assignable.
Result
A Leave to appeal is granted (Xu v IAG New Zealand Ltd [2018] NZCA 149).
B The approved question is whether the Court of Appeal was correct to dismiss the applicants’ appeal against the judgment of Nation J
2 August 2018
_________________________
A The appeal is dismissed.
B The appellants are to pay costs of $25,000 and reasonable disbursements.
3 July 2019
B The approved question is whether the Court of Appeal was correct to dismiss the applicants’ appeal against the judgment of Nation J
2 August 2018
_________________________
A The appeal is dismissed.
B The appellants are to pay costs of $25,000 and reasonable disbursements.
3 July 2019
Transcripts
- Hearing date 13 November 2008 (PDF, 254 KB)
Media Releases
- MR [2019] NZSC 68 (PDF, 64 KB)
High Court decision
Court of Appeal decision
Leave judgment - leave granted
Substantive judgment
Case name
Wayne William Smith v The Queen
Case number
SC 48/2018
Summary
Criminal Appeal – Evidence Act 2006, s 76 – Juror misconduct – Whether the Court of Appeal erred in dismissing the applicant’ s application for an order to appoint a special counsel.
Result
The application for leave to appeal is dismissed.
21 August 2018
21 August 2018
District Court decision
Not publicly available
Court of Appeal decision
Leave judgment - leave dismissed
Case name
Robert Hoani Clifford Cribb and Karen Lynne Stevens v FM Custodians Limited
Case number
SC 49/2018
Summary
Civil Appeal – Trespass – Bailment – Whether the Court of Appeal erred in finding the respondent mortgagees were entitled to remove the applicants’ possessions from the property – Whether applicants liable for costs associated with removal and storage.
Result
A The application for leave to appeal is dismissed.
B The applicants must pay costs of $2,500 to the respondent.
9 October 2018
B The applicants must pay costs of $2,500 to the respondent.
9 October 2018
High Court decision
Court of Appeal decision
Leave judgment - leave dismissed
Case name
Jeremy James McGuire v New Zealand Law Society
Case number
SC 50/2018
Summary
Civil Appeal – Whether the Court of Appeal erred in dismissing the appeal – Whether the Court of Appeal was correct to hold that the issue was whether counsel had properly advised the client about the risk and financial implications of litigation.
Result
A The application for leave to appeal is dismissed.
B Costs of $2,500 are awarded to the respondent.
11 October 2018
B Costs of $2,500 are awarded to the respondent.
11 October 2018
High Court decision
Court of Appeal decision
Leave judgment - leave dismissed
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