THE WANAKA GYM LIMITED v QUEENSTOWN LAKES DISTRICT COUNCIL [2014] NZSC 172
The three-judge court found no basis to differ from William Young J's conclusions and therefore confirmed his orders: the time for Dr Graham to file written submissions was extended to 5 pm on 5 December 2014 and her application for a stay in relation to certain fines was dismissed.
Source-derived case information.
- Citation
- [2014] NZSC 172
- Parties
- Applicant (sc 84/2014): The Wanaka Gym Limited; Applicant (sc 85/2014): Fiona Caroline Graham; Respondent: Queenstown Lakes District Council
- Court
- Supreme Court
- Jurisdiction
- New Zealand
- Judgment Date
- 26 November 2014
- Procedural Posture
- Supreme Court Applications (sc 84/2014; SC 85/2014) / Three Judge Review of Single Judge Judgment; Confirmation of Orders
- Outcome
- Orders of William Young J dated 24 November 2014 are confirmed.
- Legal Topics
- Extension of Time, Stay of Fines, Review of Judgment, Publication Prohibition
Source-derived case record
Summary, issues, holding and outcome
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Parties
The Wanaka Gym Limited
Applicant (sc 84/2014)
Fiona Caroline Graham
Applicant (sc 85/2014)
Queenstown Lakes District Council
Respondent
Procedural Posture
Supreme Court Applications (sc 84/2014; SC 85/2014) / Three Judge Review of Single Judge Judgment; Confirmation of Orders
Legal Issues
- 1 Whether the single-judge orders should be reviewed by a three-judge panel
- 2 Whether time for filing written submissions should be extended
- 3 Whether a stay of fines should be granted
Ratio Decidendi
The three-judge court found no basis to differ from William Young J's conclusions and therefore confirmed his orders: the time for Dr Graham to file written submissions was extended to 5 pm on 5 December 2014 and her application for a stay in relation to certain fines was dismissed.
Court Disposition
Orders of William Young J dated 24 November 2014 are confirmed.
Orders
- Confirm the orders made by William Young J on 24 November 2014
- Extend time for Dr Fiona Graham to file written submissions to 5 pm on 5 December 2014
Full Case Text
Judgment text and source record
1 paragraphs
THE WANAKA GYM LIMITED v QUEENSTOWN LAKES DISTRICT COUNCIL [2014] NZSC 172 [26 November 2014]ORDER PROHIBITING PUBLICATION OF THIS JUDGMENT OR THEREASONS IN NEWS MEDIA OR ON THE INTERNET OR OTHERPUBLICLY AVAILABLE DATABASE UNTIL 5 PM ON 1 DECEMBER 2014IN THE SUPREME COURT OF NEW ZEALANDSC 84/2014[2014] NZSC 172BETWEEN THE WANAKA GYM LIMITEDApplicantAND QUEENSTOWN LAKES DISTRICTCOUNCILRespondentSC 85/2014BETWEEN FIONA CAROLINE GRAHAMApplicantAND QUEENSTOWN LAKES DISTRICTCOUNCILRespondentCourt: McGrath, Arnold and O'Regan JJCounsel: Applicant SC 85/2014 in personR S Cunliffe for RespondentJudgment: 26 November 2014JUDGMENT OF THE COURTThe orders made by William Young J in his judgment of 24 November 2014 ([2014] NZSC 170) are confirmed.____________________________________________________________________REASONS[1] On 24 November 2014 William Young J delivered a judgment:11 The Wanaka Gym Ltd v Queenstown Lakes District Council [2014] NZSC 170.(a) extending the time by which the applicant, Dr Fiona Graham, must file her written submissions to 5 pm on 5 December 2014; and(b) dismissing a further application by Dr Graham for a stay in relation to certain fines.[2] Later that same day, the Registry received a lengthy email from Dr Graham commenting on individual paragraphs in the judgment and asking that the email be put before the Judge as soon as possible. In the circumstances, we have treated this email as an application for a review of the judgment by three Judges of this Court.[3] Having considered the matter, we see no basis on which we should reach conclusions in respect of Dr Graham's applications that differ from those of William Young J. Accordingly, the orders in William Young J's judgment of 24 November 2014 are confirmed.Solicitors:Macalister Todd Phillips, Queenstown for Respondent