Maree Howard v Accident Compensation Corporation

Case

[2015] NZSC 48

28 April 2015


IN THE SUPREME COURT OF NEW ZEALAND
SC 5/2015
[2015] NZSC 48
BETWEEN

MAREE HOWARD
Applicant

AND

ACCIDENT COMPENSATION CORPORATION
Respondent

Court:

Elias CJ, Glazebrook and Arnold JJ

Counsel:

Applicant in person
P A McBride for Respondent

Judgment:

28 April 2015

JUDGMENT OF THE COURT

The application for recall is dismissed.

____________________________________________________________________

REASONS

  1. On 11 March 2015, this Court issued a decision dismissing Mrs Howard’s application for leave to appeal against a decision of Randerson J.[1]  The Judge had dismissed Mrs Howard’s application for a review of the decision of the Registrar of the Court of Appeal in relation to security for costs.[2]  Mrs Howard now applies for a recall of this Court’s decision.

    [1]Howard v Accident Compensation Corporation [2015] NZSC 25.

    [2]Howard v Accident Compensation Corporation [2015] NZCA 627.

  2. The basis on which courts will recall their judgments is limited.[3]  Mrs Howard has not raised anything which would justify a recall in this instance.  In essence, she is simply attempting to relitigate matters, which is impermissible. 

    [3]See Saxmere Company Ltd v Wool Board Disestablishment Company Ltd [2009] NZSC 122, [2010] 1 NZLR 76 at [2]. See also Erwood v Maxted [2010] NZCA 93, (2010) 20 PRNZ 466 at [23].

  3. Accordingly, we dismiss Mrs Howard’s application for recall.  We make no order as to costs.

Solicitors:
McBride Davenport James, Wellington for Respondent


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Cases Citing This Decision

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Cases Cited

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Statutory Material Cited

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Peterson v Lucas [2015] NZCA 627