Thompson v Canoe Racing New Zealand Incorporated

[2023] NZHC 2460

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2022-404-001464

[2023] NZHC 2460

UNDER

the Judicial Review Procedure Act 2016 and the Contract and Commercial Law Act 2017

IN THE MATTER OF

an application for judicial review

BETWEEN

ALAN BLAIR THOMPSON
Applicant

AND

CANOE RACING NEW ZEALAND INCORPORATED

Respondent

Hearing:	On the papers
Judgment:	4 September 2023

JUDGMENT OF DOWNS J

(Remedy)

This judgment was delivered by me on Monday, 4 September 2023 at 11 am pursuant to r 11.5 of the High Court Rules.

Registrar/Deputy Registrar

Solicitors/Counsel:

Holland Beckett Law, Tauranga. Maria Clarke Lawyers, Auckland. PW David KC, Auckland.

THOMPSON v CANOE RACING NEW ZEALAND INCORPORATED [2023] NZHC 2460 [4 September 2023]

[1]                 On 20 June this year, I released a judgment in which I concluded Canoe Racing New Zealand Incorporated suspended Alan Thompson from its membership without affording his right to be heard.1 I also concluded Mr Thompson’s subsequent expulsion was neither unfair nor improper. I invited the parties to reflect on remedy and costs. They have done so.

[2]                 The parties agree the appropriate remedy is a declaration, albeit they differ   (a little) over the wording. They agree costs should lie where they fall. So, I make  the declaration below.

Declaration

[3]                 In September 2020, Canoe Racing New Zealand Incorporated failed to afford Mr Thompson’s right to be heard before suspending him from its membership.

……………………………..

Downs J

1      Thompson v Canoe Racing New Zealand Incorporated [2023] NZHC 1533.