An Examination of New Zealand Company Law Appeals to the Judicial Committee of the Privy Council 1841–2004
This article considers the 14 company law cases which went to the Privy Council on appeal from New Zealand between 1841 and 2004. In light of analysis of these cases, the article contends that the Supreme Court is better equipped to perform the functions of a final appellate court for New Zealand in a company law context. Such a comparison between the Privy Council and the Supreme Court is timely due to the imminent 20th anniversary of the establishment of the Supreme Court marking a time to reflect. Notably, not all the 14 cases warranted further appeal. Appeals that were not of broader significance to company law but involved at least moderate financial stakes could proceed to London. Nonetheless, several appeals illustrate the significant contribution of the Judicial Committee of the Privy Council to New Zealand company law, and also sometimes to the law of other jurisdictions. The abolition of the right of appeal to the Privy Council and the establishment of the Supreme Court of New Zealand brought three key benefits — namely, that appeals are less expensive, the new leave criteria are appropriately more restrictive, and New Zealand justices have local knowledge to develop New Zealand law.