BUS AND COACH ASSOCIATION (NEW ZEALAND) INCORPORATED v ATTORNEY-GENERAL [2020] NZHC 1474
The court refused the interim application because the applicant did not persuade the court that interim relief was warranted; the High Court exercised its discretion to dismiss the urgent injunction application and directed the matter to proceed to substantive hearing on the imminent timetable.
Source-derived case information.
- Citation
- [2020] NZHC 1474
- Parties
- Applicant: BUS AND COACH ASSOCIATION (NEW ZEALAND) INCORPORATED; First Respondent: ATTORNEY-GENERAL; Second Respondent: SECRETARY OF EDUCATION
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 26 June 2020
- Procedural Posture
- Judicial Review / Interim Application for Relief Dismissed; Substantive Hearing Listed for 8 9 July 2020
- Outcome
- Interim application dismissed
- Legal Topics
- Interim Relief, Tenders, Urgency, Procedural Timetable
Source-derived case record
Summary, issues, holding and outcome
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Parties
BUS AND COACH ASSOCIATION (NEW ZEALAND) INCORPORATED
Applicant
ATTORNEY-GENERAL
First Respondent
SECRETARY OF EDUCATION
Second Respondent
Procedural Posture
Judicial Review / Interim Application for Relief Dismissed; Substantive Hearing Listed for 8 9 July 2020
Legal Issues
- 1 Whether interim relief should be granted to prevent the second respondent's tender process going live on 29 June 2020
- 2 Whether the applicant established a sufficient prospect of success and balance of convenience to justify interlocutory relief
- 3 Whether urgency justified departure from ordinary timetabling
Ratio Decidendi
The court refused the interim application because the applicant did not persuade the court that interim relief was warranted; the High Court exercised its discretion to dismiss the urgent injunction application and directed the matter to proceed to substantive hearing on the imminent timetable.
Court Disposition
Interim application dismissed
Orders
- Interim application for relief dismissed
- Substantive judicial review application to be prepared for hearing on 8 July 2020 and, if necessary, 9 July 2020
Full Case Text
Judgment text and source record
1 paragraphs
BUS AND COACH ASSOCIATION (NEW ZEALAND) INCORPORATED v ATTORNEY-GENERAL [2020]NZHC 1474 [26 June 2020]IN THE HIGH COURT OF NEW ZEALANDWELLINGTON REGISTRYI TE KŌTI MATUA O AOTEAROATE WHANGANUI-A-TARA ROHECIV-2020-485-321[2020] NZHC 1474BETWEEN BUS AND COACH ASSOCIATION(NEW ZEALAND) INCORPORATEDApplicantAND ATTORNEY-GENERALFirst RespondentSECRETARY OF EDUCATIONSecond RespondentHearing: 26 June 2020Counsel: M Chen and C J Saunders for applicantC J Curran, M W McMenamin and C M Marks for respondentsJudgment: 26 June 2020JUDGMENT OF DOBSON J[Result][1] The grounds for the applicant's application for judicial review were well airedat very short notice this morning.[2] The interim orders sought are to prevent the second respondent's tenderprocess "going live" next Monday, 29 June 2020. I indicated to counsel at the end ofargument that, to meet that deadline, I would provide a result on the interim ordersapplication this afternoon, with reasons for my judgment to follow as soon as possible,hopefully next week.[3] I am not persuaded that interim relief is warranted and accordingly theapplication is dismissed.[4] I have left counsel to confer on a timetable for steps to have the substantiveapplication for judicial review prepared for hearing on 8 and, if necessary, 9 July 2020.Counsel may refer differences over the timetable back to me for direction.[5] Costs issues are deferred for consideration in light of the substantivedetermination.Dobson JSolicitors:Chen Palmer, Auckland for applicantRussell McVeagh, Wellington for respondents