MARGOT CREQUER v CHIEF EXECUTIVE OF THE MINISTRY OF SOCIAL DEVELOPMENT [2015] NZSC 18
The recall application was dismissed because the s 13(4) test for leave to appeal was not satisfied, the substantive procedural issues could be addressed at the High Court appeal, and the respondent had undertaken not to enforce the Court of Appeal's costs order; nothing presented justified recalling the Court's...
Source-derived case information.
- Citation
- [2015] NZSC 18
- Parties
- Applicant: Margot Crequer; Respondent: Chief Executive of the Ministry of Social Development
- Court
- Supreme Court
- Jurisdiction
- New Zealand
- Judgment Date
- 6 March 2015
- Procedural Posture
- Application for Recall of Judgment / Post Judgment Recall Application in the Supreme Court
- Outcome
- Application for recall dismissed
- Legal Topics
- Recall of Judgment, Leave to Appeal, Interlocutory Appeal, Costs, Supreme Court Act S 13(4)
Source-derived case record
Summary, issues, holding and outcome
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Parties
Margot Crequer
Applicant
Chief Executive of the Ministry of Social Development
Respondent
Procedural Posture
Application for Recall of Judgment / Post Judgment Recall Application in the Supreme Court
Legal Issues
- 1 Whether the Supreme Court should recall its judgment of 2 September 2014
- 2 Whether the s 13(4) test for leave to appeal was satisfied
- 3 Whether matters raised warranted the exceptional remedy of recall given alternative review in the High Court
Ratio Decidendi
The recall application was dismissed because the s 13(4) test for leave to appeal was not satisfied, the substantive procedural issues could be addressed at the High Court appeal, and the respondent had undertaken not to enforce the Court of Appeal's costs order; nothing presented justified recalling the Court's prior judgment.
Court Disposition
Application for recall dismissed
Orders
- Application for recall of the Supreme Court judgment of 2 September 2014 dismissed
Full Case Text
Judgment text and source record
1 paragraphs
MARGOT CREQUER v CHIEF EXECUTIVE OF THE MINISTRY OF SOCIAL DEVELOPMENT [2015] NZSC 18 [6 March 2015]IN THE SUPREME COURT OF NEW ZEALANDSC 69/2014[2015] NZSC 18BETWEEN MARGOT CREQUERApplicantAND CHIEF EXECUTIVE OF THEMINISTRY OF SOCIALDEVELOPMENTRespondentCourt: Elias CJ, William Young and Arnold JJCounsel: Applicant in personD L Harris for RespondentJudgment: 6 March 2015JUDGMENT OF THE COURTThe application for recall is dismissed.____________________________________________________________________REASONS[1] The applicant seeks a recall of the judgment of this Court of 2 September 20141 dismissing her application for leave to appeal from a judgment of the Court of Appeal of 30 June 2014.2 The application for leave to appeal involved interlocutory issues as to an appeal to the High Court and thus fell to be considered under s 13(4) of the Supreme Court Act 2003. At the heart of the issues which the applicant wished to raise in this Court were (a) a procedural ruling the substance of which can be reviewed at the hearing of the appeal in the High Court and (b) an order for costs1 Crequer v Chief Executive of the Ministry of Social Development [2014] NZSC 119 [Crequer(SC)].2 Crequer v Chief Executive of the Ministry of Social Development [2014] NZCA 284 (Harrison, Stevens and Miller JJ).made by the Court of Appeal which the respondent has undertaken not to enforce. The judgment proceeded on the basis that the s 13(4) test was not met.3[2] The applicant's submissions in support of the current application, whilechallenging the reasoning of the Court, raise nothing that warrants a recall of the 2 September 2014 judgment.Solicitors:Crown Law Office, Wellington for Respondent3 Crequer (SC), above n 1, at [5].