Accident Compensation Corporation v Thomas

[2014] NZCA 448

IN THE COURT OF APPEAL OF NEW ZEALAND

CA670/2013
[2014] NZCA 448

BETWEEN	ACCIDENT COMPENSATION CORPORATION Applicant
AND	ALAN THOMAS Respondent

Court:

Stevens, White and French JJ

Counsel:

D K L Tuiqereqere for Applicant
Respondent in person

Judgment:

(On the papers)

15 September 2014 at 10.00 am

JUDGMENT OF THE COURT

The application for costs is dismissed.

____________________________________________________________________

REASONS OF THE COURT

(Given by French J)

1. In a judgment delivered on 24 March 2014, we dismissed Mr Thomas’ application for special leave to appeal.[1]  The Accident Compensation Corporation did not apply for costs and no costs award was made.

   [1]Thomas v Accident Compensation Corporation [2014] NZCA 89.

2. Mr Thomas then applied for a recall of the judgment.  In a subsequent decision we dismissed the application for recall and awarded costs against Mr Thomas.[2]

   [2]Thomas v Accident Compensation Corporation [2014] NZCA 186.

3. ACC has now applied for costs on the application for special leave.

4. In our view the application for costs is too late.  Costs were not sought at the time.  In our assessment the recall application was in a different category.

5. The application for costs is accordingly dismissed.

Solicitors:
Medico Law Ltd, Auckland for Applicant