Moffatt v New Zealand Transport Agency HC Christchurch CIV 2010-409-2397

[2010] NZHC 1861

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

CIV 2010-409-002397

BETWEEN  STUART BRUCE MOFFATT Applicant

ANDNEW ZEALAND TRANSPORT AGENCY

Respondent

Hearing:         22 October 2010 (By telephone) Appearances: R Kelly and K Jarvis for Applicant

A Owen (Administrator for Commercial Licensing Managers, Southern Region)

Judgment:      22 October 2010

JUDGMENT OF FOGARTY J

[1]      This proceeding has been commenced in the High Court by way of statement of claim.  The statement of claim is in fact asking for judicial review.  It should be re-intituled.  It is an application for judicial review under the Judicature Act 1908. The plaintiff should be called applicant and the defendant should be called respondent.  Also lodged is an application for urgent interim orders.  The Court has the  jurisdiction  to  make  urgent  interim  orders  under  s  8  of  the  Judicature Amendment Act 1972 which provision and associated cases are referred to in the notice of motion.

[2]      I have read the papers and the affidavit.   I have explained the process to

Ms Owen, who is not a lawyer, but who has properly attended this conference at the request of the Registrar of this Court.

MOFFATT V NEW ZEALAND TRANSPORT AGENCY  HC CHCH CIV 2010-409-002397  22 October 2010

[3]      I am satisfied that it is appropriate to make an interim order restoring what had been the status quo, until the merits of this case can be adjudicated upon by this Court, with the qualification that leave is reserved to the respondent to apply to set aside or vary this interim order on 72 hours’ notice to the applicant.

[4]      Accordingly, this  Court orders:

1.That  the  challenged  decision  of  the  respondent,  to  “deem”  the Transport   Goods   Service   Licence   No.   30046   to   have   been surrendered, is suspended until further order of the Court;

2.Pending the determination of the District Court appeal against the said challenged decision no further steps based on information known or actions or inactions to date be taken by the respondent to revoke the aforesaid licence without further order of the Court;

3.Leave is reserved to the respondent to apply on 72 hours’ notice to the applicant to vary or set aside these interim orders.

[5]      Costs are reserved.

Solicitors:

Wilkinson Adams, Dunedin, for Plaintiff