DFT v AUCKLAND HIGH COURT [2023] NZSC 78

DFT v AUCKLAND HIGH COURT [2023] NZSC 78

The recall application failed because the matters raised did not provide any proper basis for recalling the Court's earlier judgment; consequently the application is dismissed and the applicant must pay costs of $500 to each of the second and third respondents.

Citation
[2023] NZSC 78
Parties
Applicant: DFT; First Respondent: Auckland High Court; Second Respondent: Attorney-General; Third Respondent: New Zealand Law Society
Court
Supreme Court
Jurisdiction
New Zealand
Judgment Date
29 June 2023
Procedural Posture
Application for Recall of Supreme Court Judgment / Final Decision on Recall Application (dismissed)
Outcome
Application for recall dismissed; applicant ordered to pay costs to respondents.
Legal Topics
Recall of Judgment, Costs, Publication Ban, Leave to Appeal
Civil Procedure Appellate Procedure Family Law Publication Restrictions Recall of Judgment Costs Publication Ban Leave to Appeal

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Parties

DFT

Applicant

Auckland High Court

First Respondent

Attorney-General

Second Respondent

New Zealand Law Society

Third Respondent

Procedural Posture

Application for Recall of Supreme Court Judgment / Final Decision on Recall Application (dismissed)

Legal Issues

  1. 1 Whether there were grounds to recall the Supreme Court judgment of 17 May 2023
  2. 2 Whether the costs order made on 17 May 2023 should be cancelled
  3. 3 Whether respondents were entitled to costs for responding to the recall application

Ratio Decidendi

The recall application failed because the matters raised did not provide any proper basis for recalling the Court's earlier judgment; consequently the application is dismissed and the applicant must pay costs of $500 to each of the second and third respondents.

Court Disposition

Application for recall dismissed; applicant ordered to pay costs to respondents.

Orders

  • The application for recall (DFT v Auckland High Court [2023] NZSC 57) is dismissed.
  • The applicant must pay to each of the second and third respondents costs of $500.