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)
All years
Case name
Forivermor Limited v ANZ Bank New Zealand Limited
Case number
SC 51/2014
Summary
Civil Appeal – Whether the Court of Appeal erred in holding that clauses 1.2 (b)(iv) and 5.1 of the Code of Banking Practice were not each incorporated into the finance contract – Whether the Court of Appeal erred in holding that the respondent did not breach the said clauses, in particular by the advance of funds on or about 9 September 2008 – Whether the Court of Appeal erred in holding that the applicant suffered no loss as a result of the action and/or inaction of the respondent.[2014] NZCA 129 CA 790/2012
Result
Application for leave to appeal dismissed.
Costs to respondent $2,500.00 10 July 2014
Costs to respondent $2,500.00 10 July 2014
Leave judgment - leave dismissed
Case name
Malcolm Edward Rabson v Wayne Seymour Chapman
Case number
SC 52/2014
Summary
Civil Appeal – Court of Appeal (Civil) Rules 2005 – Whether the Court of Appeal erred in awarding costs to the respondent¬. [2014] NZCA 158 CA 855/2012
Result
The application for leave to appeal is dismissed. Costs of $2,500 are awarded to the respondent.
15 August 2014
___________________________________________
The application for recall is dismissed.
25 February 2016
15 August 2014
___________________________________________
The application for recall is dismissed.
25 February 2016
Leave judgment - leave dismissed
Recall judgment
Judgment appealed from
Case name
Ronald van Wakeren v Chief Executive of the Department of Corrections
Case number
SC 53/2014
Summary
Civil Appeal – Habeas Corpus Act 2001 – Whether the Court of Appeal resentenced the applicant in relation to all offending or only in relation to the burglary charge – Whether the Court of Appeal wrongly issued the warrant of imprisonment in relation to offending other than the burglary charge.[2013] NZCA 71 CA 93/2013
Result
Application for leave to appeal dismissed.
6 June 2014 ________________________
Application for recall of judgment dismissed.
24 June 2014
6 June 2014 ________________________
Application for recall of judgment dismissed.
24 June 2014
Leave judgment - leave dismissed
Recall judgment
Judgment appealed from
Case name
Philip John Woolley v The Queen
Case number
SC 54/2014
Summary
Criminal Appeal – Resource Management Act 1991 – Whether the Court of Appeal erred in upholding the applicant’s convictions for offences against s 13 of the Resource Management Act 1991 – Whether the Court of Appeal erred in dismissing his appeal against sentence. [2014] NZCA 178 CA 687/2013
Result
Application for leave to appeal dismissed. 5 August 2014
Leave judgment - leave dismissed
Judgment appealed from
Case name
G v The Queen
Case number
SC 55/2014
Summary
Criminal Appeal – whether the Court of Appeal erred in dismissing the appeal against conviction on the ground that the jury’s verdict was unreasonable and cannot be supported having regard to the evidence.[2013] NZCA 222 CA 663/2012
Result
Application for leave to appeal is dismissed. 22 July 2014
Leave judgment - leave dismissed
G (SC55/2014) v R [2014] NZSC 95 [22 July 2014] (PDF, 49 KB)
Judgment appealed from
Case name
Yoon Lee v District Court at Auckland. Zhi Hong Gao and Lin Ge, John Carter, Timothy Upton Slack and Brent O’Callahan
Case number
SC 56/2014
Summary
Civil Appeal – Whether the Court of Appeal erred by making plain errors in the findings of fact – Whether the Court of Appeal erred in failing to recognise that there was a loss of chance to take steps to recover the Gao’s deposits – Whether the Court of Appeal erred in finding that the High Court upheld the finding of negligence but reduced the damages – Whether the Court of Appeal erred in declining to make the finding that the District Court Judge went beyond the court’s jurisdiction in hearing the claim because the amount claimed exceeded the statutory limit – Whether the Court of Appeal erred by overlooking that the High Court had set aside the substantive judgment between the appellant and the 2nd respondents – Whether the Court of Appeal erred in failing to address the error of law made by the lower courts on the issue of assignment and consequential unconscionable conduct by the 3rd respondents – Whether the Court of Appeal erred in awarding full indemnity costs against the applicant – Whether the Court of Appeal erred by overlooking relevant authorities.[2014] NZCA 169 CA 362/2013
Result
The application for leave to appeal is dismissed.
The applicant must pay the second and third respondents costs on an indemnity basis, plus reasonable disbursements.
24 September 2014
The applicant must pay the second and third respondents costs on an indemnity basis, plus reasonable disbursements.
24 September 2014
Leave judgment - leave dismissed
Judgment appealed from
Case name
Malcolm James Beattie, Anthony Joseph Regan, CT group Limited, Cartan Global LLP v Premier Events Group Limited
Case number
SC 58/2014
Summary
Civil Appeal – Whether the Court of Appeal was correct to refuse to strike out the proceedings.[2014] NZCA 184 CA 773/2013
Result
A The application for leave to appeal is dismissed.
B The applicants are jointly and severally liable to pay to the respondent costs of $2,500 together with any disbursements authorised by the Registrar.
13 August 2014
B The applicants are jointly and severally liable to pay to the respondent costs of $2,500 together with any disbursements authorised by the Registrar.
13 August 2014
Court of Appeal decision
Leave judgment - leave dismissed
Case name
Vincent Ross Siemer v Registrar, Supreme Court and Ministry of Justice
Case number
SC 59/2014
Summary
Civil – Supreme Court Rules 2004 – Whether the High Court erred in striking out the applicant’s judicial review proceedings. [2014] NZHC 1179 Civ 2013 – 404 4750
Result
Application for leave to appeal is dismissed. 5 August 2014
Leave judgment - leave dismissed
Judgment appealed from
Case name
Douglas and Christine Banks v Grey District Council
Case number
SC 60/2014
Summary
Civil Appeal – civil procedure – whether the Court of Appeal erred in directing that both appeals be heard together and in one day – whether the Court of Appeal erred in directing that the appeals be conducted using the case on appeal filed by the respondent – whether the Court of Appeal erred in directing that questions of costs be determined as part of the appeals. CA 460/2013; CA 667/2013 Stevens J
Result
Application for leave to appeal is dismissed.
5 August 2014
5 August 2014
Leave judgment - leave dismissed
Case name
Todd Aaron Marteley v The Legal Services Commissioner
Case number
SC 61/2014
Summary
Civil Appeal – Legal aid – Whether the Court of Appeal erred in its interpretation of s 8 of the Legal Services Act 2011 – Whether costs should have been awarded to the applicant in the courts below. [2014] NZCA 185 CA 735/2013
Result
A The application for leave to appeal is granted (The Legal Services Commissioner v Marteley [2014] NZCA 185).
B The approved questions are:
Was the interpretation of s 8 of the Legal Services Act 2011 by the majority of the Court of Appeal correct?
Should costs have been awarded to the applicant in the courts below?
22 July 2014
_______________
A The appeal is allowed, the Court of Appeal judgment is set-aside and the order that the appellant receive legal aid for his conviction appeal is restored.
B In this Court the appellant is awarded costs of $25,000 together with reasonable disbursements.
C The appellant is also entitled to costs and disbursements in the High Court and Court of Appeal to be fixed by those Courts.
21 August 2015
B The approved questions are:
Was the interpretation of s 8 of the Legal Services Act 2011 by the majority of the Court of Appeal correct?
Should costs have been awarded to the applicant in the courts below?
22 July 2014
_______________
A The appeal is allowed, the Court of Appeal judgment is set-aside and the order that the appellant receive legal aid for his conviction appeal is restored.
B In this Court the appellant is awarded costs of $25,000 together with reasonable disbursements.
C The appellant is also entitled to costs and disbursements in the High Court and Court of Appeal to be fixed by those Courts.
21 August 2015
Transcripts
- Hearing date 5 May 2015 (PDF, 644 KB)
Media Releases
- sc61 2014toddmarteleyvlscpress (PDF, 249 KB)
Court of Appeal decision
Leave judgment - leave granted
Substantive judgment
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