ANDERSON V THE PROFESSIONAL CONDUCT COMMITTEE OF THE MEDICAL COUNCIL OF NEW ZEALAND HC WN CIV-2008-485-1646
The judge exercised the court's inherent jurisdiction to recall and reissue the earlier judgment to expand the scope of the non-publication orders to include paragraphs [3] and [46], while retaining paragraph [47] within the non-publication order, and thereby corrected the judgment to give full effect to suppression...
Source-derived case information.
- Citation
- openlaw-106e39e1_7e21_405d_b395_639f564dc4a2.pdf
- Parties
- Appellant: Brent William James Anderson; Respondent: The Professional Conduct Committee of the Medical Council of New Zealand
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 25 November 2008
- Procedural Posture
- Appeal / Judgment Recall and Reissue
- Outcome
- Judgment recalled and reissued with expanded non-publication orders; interim name suppression continued as extended.
- Legal Topics
- Non Publication Order, Name Suppression, Recall of Judgment, Reissue of Judgment
Source-derived case record
Summary, issues, holding and outcome
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Parties
Brent William James Anderson
Appellant
The Professional Conduct Committee of the Medical Council of New Zealand
Respondent
Procedural Posture
Appeal / Judgment Recall and Reissue
Legal Issues
- 1 scope of non-publication orders
- 2 court's power to recall and reissue a judgment
- 3 extension of interim name suppression
Ratio Decidendi
The judge exercised the court's inherent jurisdiction to recall and reissue the earlier judgment to expand the scope of the non-publication orders to include paragraphs [3] and [46], while retaining paragraph [47] within the non-publication order, and thereby corrected the judgment to give full effect to suppression and associated protections.
Court Disposition
Judgment recalled and reissued with expanded non-publication orders; interim name suppression continued as extended.
Orders
- Judgment of 14 November 2008 recalled and reissued in corrected form.
- Publication of materials contained in paragraphs [3] and [46] prohibited as part of the non-publication order; paragraph [47] to remain subject to non-publication.
Full Case Text
Judgment text and source record
1 paragraphs
ANDERSON V THE PROFESSIONAL CONDUCT COMMITTEE OF THE MEDICAL COUNCIL OF NEW ZEALAND HC WN CIV-2008-485-1646 25 November 2008IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY CIV-2008-485-1646BETWEEN BRENT WILLIAM JAMES ANDERSON Appellant AND THE PROFESSIONAL CONDUCT COMMITTEE OF THE MEDICAL COUNCIL OF NEW ZEALAND Respondent Counsel: M F McClelland for Appellant M Heron for Respondent Judgment: 25 November 2008RECALL OF JUDGMENT OF GENDALL J[1] I issued a judgment on this appeal on 14 November 2008. Interim name suppression was to continue until 5.00pm, 21 November 2008 and that has been extended by Clifford J to 5.00pm, 28 November 2008. [2] There was non-publication orders in respect of a number of paragraphs contained in the judgment. It has been drawn to my attention that, in order to be comprehensively effective, the intent of the non-publication orders should extend to paragraphs [3], [46], and [47] of the judgment. Those paragraphs refer to matters which should not be published and I am grateful to counsel for drawing those issues to my attention. Paragraph [47] in the original judgment was the subject of non- publication. [3] The judgment is recalled and reissued in its original form except in para [66] including in the order prohibiting publication materials contained in paras [3] and[46]. Paragraph [47] remains included in the non-publication order in para [66]. The judgment in its corrected form will accordingly be reissued. "J W Gendall J"Solicitors: Matthew McClelland, Barrister, Wellington Meredith Connell, Auckland