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
Lambie Trustee Limited v Prudence Anne Addleman
Case number
SC 118/2019
Summary
Civil Appeal - Application for leave to bring an appeal.
Result
A Leave to appeal is granted on whether the Court of Appeal was correct to order the applicant to disclose to the respondent any legal opinions and other advice obtained by the trustees of the Lambie Trust and funded by the Trust (Addleman v Lambie Trustee Ltd [2019] NZCA 480, (2019) 5 NZTR 29-016).
B The approved question is whether the Court of Appeal was correct to reject the applicant’s claims of legal advice privilege and litigation privilege respectively.
C In all other respects, the application for leave to appeal is dismissed.
4 March 2020
______________________
A With the clarification that the orders for disclosure made by the Court of Appeal do not extend to legal advice given from June 2015 in connection with this litigation and with leave reserved to Lambie Trustee Ltd to revert to this Court in relation to advice received after 7 November 2014 and before June 2015, the appeal is dismissed.
B Costs are reserved.
1 June 2021
__________________________________
A Mrs Addleman is to receive out of the Lambie Trust her actual costs in relation to the appeal to this Court plus usual disbursements (to be fixed by the Registrar if necessary). We allow for second counsel. Mrs Addleman is to provide a schedule of the costs incurred to Lambie Trustee Ltd within 10 working days of the date of delivery of this judgment. Any issue as to the reasonableness of the costs sought is to be determined by the Registrar.
B Lambie Trustee Ltd is not entitled to any indemnity for costs and expenses in connection with the appeal to this Court, including both its own legal fees and any solicitor client costs and disbursements due to Mrs Addleman.
C Lambie Trustee Ltd is to reimburse the Lambie Trust (from funds not sourced from the Trust) the costs awarded by this Court on the appeal.
D The orders of this Court at B and C, above, apply to the award of costs in the Court of Appeal.
E Mrs Addleman is entitled to costs on a 2B basis together with reasonable disbursements in relation to costs in the High Court. Orders B and C, above, apply to the award of costs in that Court.
17 February 2023
B The approved question is whether the Court of Appeal was correct to reject the applicant’s claims of legal advice privilege and litigation privilege respectively.
C In all other respects, the application for leave to appeal is dismissed.
4 March 2020
______________________
A With the clarification that the orders for disclosure made by the Court of Appeal do not extend to legal advice given from June 2015 in connection with this litigation and with leave reserved to Lambie Trustee Ltd to revert to this Court in relation to advice received after 7 November 2014 and before June 2015, the appeal is dismissed.
B Costs are reserved.
1 June 2021
__________________________________
A Mrs Addleman is to receive out of the Lambie Trust her actual costs in relation to the appeal to this Court plus usual disbursements (to be fixed by the Registrar if necessary). We allow for second counsel. Mrs Addleman is to provide a schedule of the costs incurred to Lambie Trustee Ltd within 10 working days of the date of delivery of this judgment. Any issue as to the reasonableness of the costs sought is to be determined by the Registrar.
B Lambie Trustee Ltd is not entitled to any indemnity for costs and expenses in connection with the appeal to this Court, including both its own legal fees and any solicitor client costs and disbursements due to Mrs Addleman.
C Lambie Trustee Ltd is to reimburse the Lambie Trust (from funds not sourced from the Trust) the costs awarded by this Court on the appeal.
D The orders of this Court at B and C, above, apply to the award of costs in the Court of Appeal.
E Mrs Addleman is entitled to costs on a 2B basis together with reasonable disbursements in relation to costs in the High Court. Orders B and C, above, apply to the award of costs in that Court.
17 February 2023
Date of hearing
02 December 2020
Judges
William Young, Glazebrook, O'Regan, Ellen France and Williams JJ
Transcripts
- Hearing date 2 December 2020 (PDF, 492 KB)
Media Releases
- MR [2021] NZSC 54 (PDF, 401 KB)
High Court decision
Court of Appeal decision
Leave judgment - leave granted
Substantive judgment
Supreme court decision
Summary
Case name
Xiaoming He v The Earthquake Commission, Certain Syndicates of Lloyd's of London severally subscribed to coverholder contract B0429CNG90466 and Certain Syndicates of Lloyd's of London severally subscribed to coverholder contract B0429CNG110466
Case number
SC 119/2019
Summary
Civil Appeal - Application for leave to bring an appeal
Result
A The application for an extension of time is granted
B The application for leave to appeal is dismissed.
C The applicant must pay costs of $2,500 to be divided equally between the first respondent and second respondents.
19 December 2019
B The application for leave to appeal is dismissed.
C The applicant must pay costs of $2,500 to be divided equally between the first respondent and second respondents.
19 December 2019
High Court decision
Court of Appeal decision
Leave judgment - leave dismissed
Case name
P(SC 120/2019) V Commissioner of Inland Revenue, W(SC 120/2019) and Attorney-General
Case number
SC 120/2019
Summary
Civil Appeal - Application for leave to bring an appeal
Result
A The application for leave to appeal is dismissed.
B There is no order as to costs.
C We make an order prohibiting publication of the name or identifying particulars of P, W and A.
18 March 2020
_______________________________
A The application to review the decision of the Deputy Registrar is dismissed.
B The application for recall of our judgment of 18 March 2020 (P (SC 120/2019) v Commissioner of Inland Revenue [2020] NZSC 22) is dismissed.
20 May 2020
B There is no order as to costs.
C We make an order prohibiting publication of the name or identifying particulars of P, W and A.
18 March 2020
_______________________________
A The application to review the decision of the Deputy Registrar is dismissed.
B The application for recall of our judgment of 18 March 2020 (P (SC 120/2019) v Commissioner of Inland Revenue [2020] NZSC 22) is dismissed.
20 May 2020
Court of Appeal decision
Leave judgment - leave dismissed
Recall judgment
Case name
David Edward Thomas v Ian Allen Thompson
Case number
SC 121/2019
Summary
Civil Appeal - Application for leave to bring an appeal.
Result
A The application for leave to appeal is dismissed.
B The applicant must pay costs of $2,500 to the respondent.
19 February 2020
B The applicant must pay costs of $2,500 to the respondent.
19 February 2020
High Court decision
Court of Appeal decision
Leave judgment - leave dismissed
Case name
W(SC 122/2019) v The Queen
Case number
SC 122/2019
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 retrial. 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 retrial. Publication in law report or law digest permitted.
14 February 2020
14 February 2020
Court of Appeal decision
Not publicly available
High Court decision
Not publicly available
Summary
Case name
P (SC 124/2019) v The Queen
Case number
SC 124/2019
Summary
Criminal appeal - application for leave to bring appeal
Result
Leave to appeal is dismissed.
20 April 2020
20 April 2020
High Court decision
Not publicly available
Court of Appeal decision
Not publicly available
Leave judgment - leave dismissed
LINDA JUDITH POND v R [2020] NZSC 37 [20 April 2020] (PDF, 161 KB)
Case name
Robert Matthew Urlich v Attorney-General
Case number
SC 125/2019
Summary
Civil Appeal - Application for leave to bring an appeal
Result
A The application for leave to appeal is dismissed.
B There is no order as to costs.
20 February 2020
B There is no order as to costs.
20 February 2020
High Court decision
Court of Appeal decision
Not publicly available
Leave judgment - leave dismissed
Case name
David Stanley Tranter v Chief Executive of the Department of Corrections
Case number
SC 126/2019
Summary
Criminal Appeal – Whether the High Court was correct to refuse the applicant’s claim for habeas corpus.
Result
The application for leave to appeal is dismissed.
19 December 2019
19 December 2019
High Court decision
Not publicly available
Court of Appeal decision
Not publicly available
Leave judgment - leave dismissed
Case name
Silapea Momoisea v The Queen
Case number
SC 128/2019
Summary
Criminal Appeal - Application for leave to bring an appeal
Result
The application for leave to appeal is dismissed.
13 March 2020
13 March 2020
High Court decision
Court of Appeal decision
Leave judgment - leave dismissed
SILAPEA MOMOISEA v R [2020] NZSC 19 [13 March 2020] (PDF, 131 KB)
Case name
SHAY O’ CARROLL v the Queen
Case number
SC 129/2019
Summary
Criminal Appeal – Whether the Court of Appeal was correct to dismiss the appeal against a decision of the High Court – Whether s 155 of the Cook Islands Act 1915 (NZ) provides a jurisdictional bar to the imposition of a sentence of home detention
Result
A The application for leave to appeal is granted (Carroll v R [2019] NZCA 657).
B The approved question is whether the Court of Appeal was correct to dismiss the appeal.
C Bail is extended on the same conditions until the determination of the appeal.
5 March 2020
________________________
A The appeal is allowed.
B The sentence of 22 months’ imprisonment is quashed and a sentence of 10 months’ home detention is substituted. The sentence is subject to the conditions listed at [55] of the judgment.
14 September 2020
B The approved question is whether the Court of Appeal was correct to dismiss the appeal.
C Bail is extended on the same conditions until the determination of the appeal.
5 March 2020
________________________
A The appeal is allowed.
B The sentence of 22 months’ imprisonment is quashed and a sentence of 10 months’ home detention is substituted. The sentence is subject to the conditions listed at [55] of the judgment.
14 September 2020
Date of hearing
11 June 2020
Judges
Winkelmann CJ, Glazebrook, O'Regan, Ellen France and Williams JJ
Transcripts
- Hearing date 11 June 2020 (PDF, 184 KB)
Media Releases
- MR [2020] NZSC 92 (PDF, 153 KB)
High Court decision
Court of Appeal decision
Leave judgment - leave granted
SHAY O’ CARROLL v R [2020] NZSC 15 [5 March 2020] (PDF, 31 KB)
Substantive judgment
SHAY O’CARROLL v R [2020] NZSC 92 (PDF, 104 KB)
Page 71 of 243