JOHN MORGAN MACKENZIE v LEGAL SERVICES COMMISSIONER [2014] NZSC 49
The recall application was dismissed because the applicant did not demonstrate an adequate basis to recall the earlier leave judgment; leave decisions address statutory leave criteria and do not determine substantive limitation questions absent leave.
Source-derived case information.
- Citation
- [2014] NZSC 49
- Parties
- Applicant: John Morgan Mackenzie; Respondent: Legal Services Commissioner
- Court
- Supreme Court
- Jurisdiction
- New Zealand
- Judgment Date
- 2 May 2014
- Procedural Posture
- Leave to Appeal; Application for Recall of Judgment / Application for Recall of Supreme Court Leave Judgment Dismissed
- Outcome
- Application for recall of the judgment of 20 March 2014 dismissed
- Legal Topics
- Leave to Appeal, Recall of Judgment, Limitation Periods, Jurisdiction, Legal Aid Refusal
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
John Morgan Mackenzie
Applicant
Legal Services Commissioner
Respondent
Procedural Posture
Leave to Appeal; Application for Recall of Judgment / Application for Recall of Supreme Court Leave Judgment Dismissed
Legal Issues
- 1 Whether there was an adequate basis to recall the Court's earlier leave judgment
- 2 When the limitation period began for the applicant's cause of action
- 3 Whether a leave judgment should decide substantive limitation questions
Ratio Decidendi
The recall application was dismissed because the applicant did not demonstrate an adequate basis to recall the earlier leave judgment; leave decisions address statutory leave criteria and do not determine substantive limitation questions absent leave.
Court Disposition
Application for recall of the judgment of 20 March 2014 dismissed
Orders
- Application for recall of the judgment of 20 March 2014 dismissed
Full Case Text
Judgment text and source record
1 paragraphs
JOHN MORGAN MACKENZIE v LEGAL SERVICES COMMISSIONER [2014] NZSC 49 [2 May 2014]IN THE SUPREME COURT OF NEW ZEALANDSC 142/2013[2014] NZSC 49BETWEEN JOHN MORGAN MACKENZIEApplicantAND LEGAL SERVICES COMMISSIONERRespondentCourt: Elias CJ and William Young JCounsel: Applicant in personR J Gordon for RespondentJudgment: 2 May 2014JUDGMENT OF THE COURTThe application for recall of the judgment of 20 March 2014 is dismissed.____________________________________________________________________REASONS[1] In a judgment delivered on 20 March 2014, this Court refused the applicant leave to appeal against a judgment of Dobson J dismissing an appeal from the Legal Aid Tribunal.1 He had been refused legal aid for proceedings against the Crown Health Financing Agency for reasons which included limitation difficulties which the applicant faces in relation to those proceedings.[2] The applicant has the fixed idea that time did not begin to run for limitation purposes until 24 November 2006, which is the date on which he received a letter from the Crown Health Financing Agency denying liability. If this is the case, then his proceedings were issued in time. He considers that he could not have filed proceedings in the High Court until liability was denied. This, however, is not in accordance with the way the Limitation Act 1950 operated. The applicant also1 MacKenzie v Legal Services Commissioner [2014] NZSC 23.complains that the leave judgment does not determine the limitation question. It was, however, not the function of the leave judgment to do so. Leave judgments must be addressed to the criteria provided in the Supreme Court Act 2003 as to when leave to appeal should be granted. The applicant plainly does not accept the approach taken by the Court as to the extent of its jurisdiction but as to this, there is nothing which we can usefully add to what has already been said in earlier judgments.[3] Nothing in the material submitted provides an adequate basis for the recall of the earlier judgment.Solicitors:Minter Ellison Rudd Watts, Wellington for Respondent