C v ACCIDENT COMPENSATION CORPORATION COA CA314/2011
The Court exercised its discretion to recall and reissue its prior judgment to anonymise the appellant and ordered suppression of the names of the appellant and her child because anonymity was in the child's interests.
Source-derived case information.
- Citation
- COA CA314/2011
- Parties
- Appellant: C; Respondent: ACCIDENT COMPENSATION CORPORATION; Intending Intervener: MEDICAL PROTECTION SOCIETY
- Court
- Court of Appeal
- Jurisdiction
- New Zealand
- Judgment Date
- 27 February 2013
- Procedural Posture
- Appeal (court of Appeal) / Recall and Reissue of Judgment; Anonymity Order
- Outcome
- Application for recall granted; judgment of 26 February 2013 recalled and reissued with appellant anonymised; order suppressing names of appellant and her child
- Legal Topics
- Anonymity, Publication Suppression, Recall of Judgment
Source-derived case record
Summary, issues, holding and outcome
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Parties
C
Appellant
ACCIDENT COMPENSATION CORPORATION
Respondent
MEDICAL PROTECTION SOCIETY
Intending Intervener
Procedural Posture
Appeal (court of Appeal) / Recall and Reissue of Judgment; Anonymity Order
Legal Issues
- 1 Whether the Court should recall and reissue its prior judgment to anonymise the appellant
- 2 Whether the names of the appellant and her child should be suppressed in the appeal
Ratio Decidendi
The Court exercised its discretion to recall and reissue its prior judgment to anonymise the appellant and ordered suppression of the names of the appellant and her child because anonymity was in the child's interests.
Court Disposition
Application for recall granted; judgment of 26 February 2013 recalled and reissued with appellant anonymised; order suppressing names of appellant and her child
Orders
- Application for recall of judgment dated 26 February 2013 granted
- Judgment of 26 February 2013 recalled and reissued with the name of the appellant deleted and replaced with the letter "C"
Full Case Text
Judgment text and source record
1 paragraphs
C v ACCIDENT COMPENSATION CORPORATION COA CA314/2011 [27 February 2013]NOTE: ORDER PROHIBITING PUBLICATION OF NAMES ORIDENTIFYING PARTICULARS OF THE APPELLANT AND HER CHILDIN THE COURT OF APPEAL OF NEW ZEALANDCA314/2011[2013] NZCA 36BETWEEN CAppellantAND ACCIDENT COMPENSATIONCORPORATIONRespondentAND MEDICAL PROTECTION SOCIETYRespondent (Intending Intervener)Counsel: P G Schmidt for AppellantB A Corkhill QC for RespondentA H Waalkens QC for Intending IntervenerJudgment: 27 February 2013(On the papers)JUDGMENT OF WHITE J RECALLING JUDGMENT OF26 FEBRUARY 2013A The application for recall of my judgment dated 26 February 2013 is granted.B My judgment of 26 February 2013 is recalled and reissued with the nameof the appellant deleted and replaced with the letter "C".C Subject to any further order of this Court, there will also be an order suppressing the names of the appellant and her child in this appeal.____________________________________________________________________REASONS OF WHITE J[1] My judgment has been recalled and reissued at the request of Ms C whose name was anonymised in the High Court but not in the District Court.[2] Although the documents filed in this Court referred to the full name of the appellant and no order for anonymity had previously been sought in this Court, I agree that it is in the interests of the child that the names of Ms C and the child should remain anonymous in this appeal. Accordingly:(a) The application for recall of my judgment dated 26 February 2013 is granted.(b) My judgment of 26 February 2013 is recalled and reissued with thename of the appellant deleted and replaced with the letter "C".(c) Subject to any further order of this Court, there will also be an order suppressing the names of the appellant and her child in this appeal.Solicitors:Schmidt & Peart Law, Auckland for AppellantAccident Compensation Corporation, Wellington for RespondentFisher Lamberg, Auckland for Intending Intervener