KEELEY v NEW ZEALAND TRANSPORT AGENCY [2019] NZHC 3496
Because suspension of TTP Taupo Ltd had the same practical effect as the suspension of Mr Keeley, the court extended the without‑notice interim relief to prohibit NZTA from taking further consequential action and declared the organisation's appointment to continue until determination of the appeal or judicial...
Source-derived case information.
- Citation
- [2019] NZHC 3496
- Parties
- Plaintiff: Joseph Keeley; Defendant: New Zealand Transport Agency
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 20 December 2019
- Procedural Posture
- Judicial Review and Appeal / Interim Relief (without Notice)
- Outcome
- Interim relief extended to TTP Taupo Ltd; NZTA prohibited from taking further consequential action; TTP Taupo Ltd's appointment deemed to continue pending determination of Mr Keeley's appeal and judicial review or until any on‑notice interim relief application is determined.
- Legal Topics
- Suspension of Appointment, Interim Relief, Inspecting Organisation, Judicial Review, Stay/injunctive Relief
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Keeley
Plaintiff
New Zealand Transport Agency
Defendant
Procedural Posture
Judicial Review and Appeal / Interim Relief (without Notice)
Legal Issues
- 1 Whether interim relief granted to the individual applicant should be extended to the corporate inspecting organisation
- 2 Whether the New Zealand Transport Agency should be prohibited from taking further action consequential on suspension of the organisation
- 3 Whether the organisation's appointment should be deemed to continue pending determination of the applicant's appeal and judicial review
Ratio Decidendi
Because suspension of TTP Taupo Ltd had the same practical effect as the suspension of Mr Keeley, the court extended the without‑notice interim relief to prohibit NZTA from taking further consequential action and declared the organisation's appointment to continue until determination of the appeal or judicial review, thereby preserving the status quo.
Court Disposition
Interim relief extended to TTP Taupo Ltd; NZTA prohibited from taking further consequential action; TTP Taupo Ltd's appointment deemed to continue pending determination of Mr Keeley's appeal and judicial review or until any on‑notice interim relief application is determined.
Orders
- Prohibiting the New Zealand Transport Agency from taking any further action that is or would be consequential on the decision to suspend TTP Taupo Ltd's appointment as an inspecting organisation
- Declaring that TTP Taupo Ltd's appointment be deemed to continue in force until Mr Keeley's appeal of his suspension and application for judicial review of the suspension have been determined, or until Mr Keeley's on notice application for interim relief is determined
Full Case Text
Judgment text and source record
1 paragraphs
KEELEY v NEW ZEALAND TRANSPORT AGENCY [2019] NZHC 3496 [20 December 2019]IN THE HIGH COURT OF NEW ZEALANDTAURANGA REGISTRYI TE KŌTI MATUA O AOTEAROATAURANGA MOANA ROHECIV2019-470-132[2019] NZHC 3496BETWEEN JOSEPH KEELEYPlaintiffAND NEW ZEALAND TRANSPORT AGENCYDefendantHearing: (On the papers)Counsel: J L S Shaw and C A Donaldson for PlaintiffJudgment: 20 December 2019JUDGMENT (NO.2) OF BREWER JSolicitors:Wynn Williams (Christchurch) for Plaintiff[1] On 20 December 2019 I granted Mr Keeley interim relief on a without noticebasis in respect of a notice of suspension served on Mr Keeley on 17 December 2019suspending his appointment as a Vehicle Inspector for warrant of fitness inspectionswith immediate effect.[2] I have today received a memorandum of counsel for Mr Keeley in respect ofTTP Taupo Ltd of which Mr Keeley is a director and shareholder. Mr Keeley operateshis appointment as a Vehicle Inspector under the Organisation Appointment of TTPTaupo Ltd.[3] TTP Taupo Ltd has now been served with a notice of immediate suspension ofits appointment as an inspecting organisation. The practical effects for Mr Keeley arethe same as those I addressed in my judgment.[4] The notice is dated 18 December 2019 and I do not know whether it was servedafter the New Zealand Transport Agency had received a copy of my judgment.[5] Counsel for Mr Keeley seeks a direction that the interim relief given in myjudgment also applies to the immediate suspension of TTP Taupo Ltd's appointmentas an inspecting organisation.[6] I make the following orders:(a) Prohibiting the New Zealand Transport Agency from taking any furtheraction that is or would be consequential on the decision to suspend TTPTaupo Ltd's appointment as an inspecting organisation; and(b) Declaring that TTP Taupo Ltd's appointment be deemed to continue inforce until Mr Keeley's appeal of his suspension and application forjudicial review of the suspension have been determined, or untilMr Keeley's on notice application for interim relief is determined.[7] If the New Zealand Transport Agency had notice of my judgment beforeserving TTP Taupo Ltd with the notice of immediate suspension then I will be inclinedto award party and party costs to TTP Taupo Ltd. I will receive memoranda from theparties no later than 1 February 2020.________________________________Brewer J