Accident Compensation Corporation v Stafford

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

I TE KŌTI MATUA O AOTEAROA TE WHANGANUI-Ā-TARA ROHE

CIV-2018-485-000047

[2018] NZHC 429

UNDER The Land Transfer Act 1952 and Part 19 of the High Court Rules

IN THE MATTER OF

an application under s 143 of the Land Transfer Act 1952 for an order that a caveat be removed

BETWEEN

ACCIDENT COMPENSATION CORPORATION

Applicant

AND

RORE PAT STAFFORD

Respondent

Hearing: 14 March 2018

Counsel:

D A Laurenson QC and R L Roff for Applicant K S Feint and M S Smith for Respondent

D J Goddard QC and J R Gough for Attorney-General

Judgment:

14 March 2018

JUDGMENT OF COLLINS J

[Result]

[1]On 14 March 2018, I heard two applications:

(1)An application brought by Mr Stafford to stay my judgment of 22 February 2018, pending an appeal to the Court of Appeal. The effect of a stay would be that Mr Stafford’s caveat over ACC’s property would remain in force pending further order of the Court of Appeal.

ACCIDENT COMPENSATION CORPORATION v STAFFORD [2018] NZHC 429 [14 March 2018]

(2)An application by ACC to recall part of my judgment of 22 February 2018. That application was designed to have Mr Stafford’s caveat removed before 22 March 2018. ACC also sought an order that Mr Stafford be required to provide an undertaking as to damages if his application for a stay was granted.

[2] I have advised counsel I cannot give reasons for my judgment for some time. The issues raised by both applications require urgent determination.

[3]The result of the applications is:

(1)Mr Stafford’s application for a stay is granted. His caveat will remain in place until further order of the Court of Appeal.

(2)I make no order concerning an undertaking as to damages.

(3)The outcome of the stay application renders it unnecessary for me to address ACC’s recall application.

[4] I make no order as to costs in relation to the applications I have heard on 14 March 2018.

D B Collins J

Solicitors:
Accident Compensation Corporation, Wellington for Applicant Pitt & Moore, Nelson for Respondent
Crown Law Office, Wellington for Attorney-General

CaseChat Overview and Summary

In the High Court of New Zealand, Accident Compensation Corporation (ACC) lodged an application under section 143 of the Land Transfer Act 1952, seeking an order to remove a caveat lodged by Rore Pat Stafford over their property. The caveat was in relation to a dispute over compensation that ACC had paid to Mr. Stafford for an injury. Mr. Stafford lodged a cross-application to stay the court's judgment pending an appeal to the Court of Appeal. The Court of Justice, Collins, heard the applications on 14 March 2018.

The legal issues before the court were whether the stay application should be granted and whether an undertaking as to damages should be required if the stay was granted. The court was also required to decide whether to recall part of the judgment in order to have the caveat removed before a certain date. The court needed to balance the urgency of the matter against the rights of the parties involved.

The court granted Mr. Stafford’s application for a stay, meaning that his caveat would remain in place until further order of the Court of Appeal. The court made no order concerning an undertaking as to damages and did not address ACC's recall application as it was rendered unnecessary by the stay application. The court also made no order as to costs in relation to the applications heard on 14 March 2018. The decision was based on the urgency of the matter and the need to balance the rights of the parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

UNDER	The Land Transfer Act 1952 and Part 19 of the High Court Rules
IN THE MATTER OF	an application under s 143 of the Land Transfer Act 1952 for an order that a caveat be removed
BETWEEN	ACCIDENT COMPENSATION CORPORATION Applicant
AND	RORE PAT STAFFORD Respondent