Accident Compensation Corporation v Stafford

[2018] NZHC 429

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