C v Air Nelson Limited

[2010] NZSC 110

IN THE SUPREME COURT OF NEW ZEALAND

SC 59/2010
[2010] NZSC 110

BETWEENC
Applicant

ANDAIR NELSON LIMITED
Respondent

Court:Blanchard, Tipping and McGrath JJ

Counsel:J Haigh QC for Applicant
C H Toogood QC and K M Thompson for Respondent

Judgment:30 August 2010 

JUDGMENT OF THE COURT

A        The application for leave to appeal is dismissed.

B        The interim order for suppression of the applicant’s name made by the Court of Appeal on 23 June 2010 is to continue in force until 5pm on 7 September 2010. 

REASONS

[1]       By a majority the Court of Appeal refused to grant the applicant leave to appeal from a decision of the Employment Court declining to suppress his name pending determination of his claim against the respondent.  The applicant has now applied for leave to appeal directly from the Employment Court to this Court on the same issue.  This Court has jurisdiction to grant such an application but, because to do so would effectively negate this Court’s inability to give leave to appeal from the Court of Appeal’s refusal to grant leave,[1] the applicant must show “extremely compelling circumstances” justifying the grant of leave.[2]  None exist here.  No point of law or principle of general or public importance is involved.  Nor can the miscarriage ground be invoked.  For these reasons the application for leave must be dismissed. 

[1]See s 7(b) of the Supreme Court Act 2003. 

[2]White v Auckland District Health Board [2007] NZSC 64, (2007) 18 PRNZ 698 at [5] and [6].

[2]       But the interim order for suppression of the applicant’s name made by the Court of Appeal on 23 June 2010 should be continued until 5pm on 7 September 2010.  This will enable the applicant to apply to the Employment Court again, if so advised, should the present state of the case in that Court be thought to justify a suppression order.  Our giving the applicant this opportunity does not imply any view of the merits of such an application. 

Solicitors:
NZALPA, Auckland for Applicant
Air New Zealand Limited, Auckland for Respondent