Howard v Accident Compensation Corporation

[2019] NZSC 92

IN THE SUPREME COURT OF NEW ZEALAND

I TE KŌTI MANA NUI

 SC 42/2019
 [2019] NZSC 92

BETWEEN	MAREE HOWARD Applicant
AND	ACCIDENT COMPENSATION CORPORATION Respondent

Court:	Glazebrook, O’Regan and Williams JJ
Counsel:	Applicant in person P A McBride for Respondent
Judgment:	26 August 2019

JUDGMENT OF THE COURT

The application for recall of this Court’s judgment in Howard v Accident Compensation Corporation [2019] NZSC 78
is dismissed.

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REASONS

1. The applicant seeks recall of this Court’s judgment dismissing her application for leave to appeal and awarding costs against her.[1] 

   [1]Howard v Accident Compensation Corporation [2019] NZSC 78.

2. The decision against which she sought to appeal was a decision of a Judge of the Court of Appeal upholding a decision of the Deputy Registrar of that Court to refuse to accept for filing an application for leave to appeal against a High Court decision on the basis that there was no right of appeal against the High Court decision.

3. The application for recall does not raise any matter that would justify the recall of this Court’s judgment.  None of the grounds for recall set out in Horowhenua County v Nash (No 2) applies.[2]  The application is therefore dismissed.

   [2]Horowhenua County v Nash (No 2) [1968] NZLR 632 (SC) at 633.

4. The Registrar is instructed to decline to accept for filing any further applications for recall.

Solicitors:
McBride Davenport James, Wellington for Respondent