TRAVLON COACHLINES (2005) LTD v NEW ZEALAND TRANSPORT AGENCY [2018] NZHC 1276
By consent the Court extended the earlier interim relief so that the prior orders remain in force until two weeks after NZTA notifies Travlon of its decision on the 7 May 2018 licence application, with all earlier conditions continuing and the extension granted without prejudice to NZTA's decision-making.
Source-derived case information.
- Citation
- [2018] NZHC 1276
- Parties
- Applicant: Travlon Coachlines (2005) Limited; Respondent: New Zealand Transport Agency
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 1 June 2018
- Procedural Posture
- Judicial Review / Administrative Challenge to Licence Revocation / Variation and Extension of Interim Orders (consented)
- Outcome
- Interim orders extended by consent until two weeks after NZTA notifies Travlon of its decision on the 7 May 2018 application; conditions of earlier order remain; extension without prejudice to NZTA's decision.
- Legal Topics
- Licensing, Interim Relief, Revocation of Licences, Procedural Extension
Source-derived case record
Summary, issues, holding and outcome
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Parties
Travlon Coachlines (2005) Limited
Applicant
New Zealand Transport Agency
Respondent
Procedural Posture
Judicial Review / Administrative Challenge to Licence Revocation / Variation and Extension of Interim Orders (consented)
Legal Issues
- 1 Whether interim relief should be extended to permit the applicant to continue operating pending determination of its new licence application
- 2 Whether the extension should be without prejudice to the respondent's decision-making on the licence application
Ratio Decidendi
By consent the Court extended the earlier interim relief so that the prior orders remain in force until two weeks after NZTA notifies Travlon of its decision on the 7 May 2018 licence application, with all earlier conditions continuing and the extension granted without prejudice to NZTA's decision-making.
Court Disposition
Interim orders extended by consent until two weeks after NZTA notifies Travlon of its decision on the 7 May 2018 application; conditions of earlier order remain; extension without prejudice to NZTA's decision.
Orders
- Orders in paragraph [118] of the judgment of 28 March 2018 are to continue in force until two weeks after NZTA notifies Travlon of its decision on the licence application filed on 7 May 2018; all conditions listed at paragraph [118] remain in force for the extended period; extension granted without prejudice to...
Full Case Text
Judgment text and source record
1 paragraphs
TRAVLON COACHLINES (2005) LTD v NEW ZEALAND TRANSPORT AGENCY [2018] NZHC 1276 [1June 2018]IN THE HIGH COURT OF NEW ZEALANDCHRISTCHURCH REGISTRYI TE KŌTI MATUA O AOTEAROAŌTAUTAHI ROHECIV-2017-409-001002[2018] NZHC 1276BETWEEN TRAVLON COACHLINES (2005)LIMITEDApplicantAND NEW ZEALAND TRANSPORT AGENCYRespondentHearing: On the papersCounsel: J L S Shaw and C A Holmes for the ApplicantB Hawes and K South for the RespondentJudgment: 1 June 2018JUDGMENT OF NATION J[1] In my judgment of 28 March 2018, I decided the revocation of TravlonCoachlines (2005) Limited's (Travlon) passenger service licences would take effectafter 31 May 2018.1 This was to allow time for Travlon to make an application fornew licences that would enable it to carry on in business after that time if the licenceswere granted.[2] Travlon submitted an application to the New Zealand Transport Agency(NZTA) for new licences on 7 May 2018. The NZTA have advised the Court theyneed more time to consider that application but anticipate they will be able to make adecision by mid to late June 2018.1 Travlon Coachlines (2005) Ltd v New Zealand Transport Agency [2018] NZHC 558 at [120].[3] In these circumstances, the NZTA have agreed there should be a variation tomy earlier orders extending the interim relief granted at para [118] of my judgment toa date two weeks after notification of the NZTA's decision on the application that hasbeen filed.[4] By consent, the orders referred to in para [118] of my earlier judgment are tocontinue in force until two weeks after notification by the NZTA to Travlon of itsdecision on the application which was submitted on 7 May 2018. All conditions listedat para [118] of the earlier judgment remain in force until the end of the extendedperiod. The extension is granted without prejudice to the decision which NZTA isrequired to make on the application for new licences.Solicitors:Wynn Williams, ChristchurchRaymond Donnelly & Co., Christchurch.