Margot Crequer v Chief Executive of the Ministry of Social Development

[2015] NZSC 18

IN THE SUPREME COURT OF NEW ZEALAND

SC 69/2014
[2015] NZSC 18

BETWEEN	MARGOT CREQUER Applicant
AND	CHIEF EXECUTIVE OF THE MINISTRY OF SOCIAL DEVELOPMENT Respondent

Court:	Elias CJ, William Young and Arnold JJ
Counsel:	Applicant in person D L Harris for Respondent
Judgment:	6 March 2015

JUDGMENT OF THE COURT

The application for recall is dismissed.

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REASONS

1. The applicant seeks a recall of the judgment of this Court of 2 September 2014[1] dismissing her application for leave to appeal from a judgment of the Court of Appeal of 30 June 2014.[2]  The application for leave to appeal involved interlocutory issues as to an appeal to the High Court and thus fell to be considered under s 13(4) of the Supreme Court Act 2003.  At the heart of the issues which the applicant wished to raise in this Court were (a) a procedural ruling the substance of which can be reviewed at the hearing of the appeal in the High Court and (b) an order for costs made by the Court of Appeal which the respondent has undertaken not to enforce. The judgment proceeded on the basis that the s 13(4) test was not met.[3]

   [1]Crequer v Chief Executive of the Ministry of Social Development [2014] NZSC 119 [Crequer (SC)].

   [2]Cre quer v Chief Executive of the Ministry of Social Development [2014] NZCA 284 (Harrison, Stevens and Miller JJ).

   [3]Crequer (SC), above n 1, at [5].

2. The applicant’s submissions in support of the current application, while challenging the reasoning of the Court, raise nothing that warrants a recall of the 2 September 2014 judgment.

Solicitors:
Crown Law Office, Wellington for Respondent