Sax v Simpson

[2015] NZSC 51

IN THE SUPREME COURT OF NEW ZEALAND

SC 29/2015 [2015] NZSC 51

BETWEEN

JANINE DAVINA SAX

Applicant

AND

LUKE ANDREW SIMPSON Respondent

Court:	Glazebrook, Arnold and O'Regan JJ
Counsel:	Applicant in person
Judgment:	5 May 2015

JUDGMENT OF THE COURT

The application for leave to appeal is dismissed.

REASONS

[1]      Ms Sax seeks leave to appeal against a minute of Cooper J1  declining her application for interim suppression of details of judgments in the District Court and High Court pending her appeal against a decision of Faire J of 11 March 2015.2

Cooper J also declined her application for an urgent hearing of the appeal.

[2]      In his judgment, Faire J declined Ms Sax’s application for the anonymisation

of a judgment of Heath J3 and for suppression of the reasons for judgment.

[3]      Ms Sax submits (among other grounds) that Cooper J’s refusal of interim

suppression pending appeal renders that appeal nugatory.

1      Sax v Simpson CA112/2015, 19 March 2015 (Minute of Cooper J).  The respondent, by letter of

24 April 2015, has indicated that he will take no steps in relation to this application.

2      Sax v Simpson [2015] NZHC 442.

3      Sax v Simpson [2014] NZHC 3235.

JANINE DAVINA SAX v LUKE ANDREW SIMPSON [2015] NZSC 51 [5 May 2015]

[4]      Cooper J’s decision was made under s 61A(1) of the Judicature Act 1908. Accordingly, the proper mechanism to challenge Cooper J’s decision was for Ms Sax to apply for a review of his decision by three judges of the Court of Appeal under s 61A(2) of the Judicature Act.4

[5]      It is not therefore in the interests of justice for this Court to hear the proposed appeal.   This means that the application for leave to appeal to this Court must be dismissed.

[6]      There is no order for costs as the respondent took no steps in opposing the application for leave to appeal.

4      See Banks v Grey District Council [2014] NZSC 102 (Elias CJ, Glazebrook and Arnold JJ) at [4]

and [5].