C v Air Nelson Ltd

JurisdictionNew Zealand
CourtSupreme Court
JudgeBlanchard,Tipping,McGrath JJ
Judgment Date30 August 2010
Neutral Citation[2010] NZSC 110
Date30 August 2010
Docket NumberSC 59/2010

[2010] NZSC 110

IN THE SUPREME COURT OF NEW ZEALAND

Court:

Blanchard, Tipping and McGrath JJ

SC 59/2010

BETWEEN
C
Applicant
and
Air Nelson Limited
Respondent
Counsel:

J Haigh QC for Applicant

C H Toogood QC and K M Thompson for Respondent

Application by C for leave to appeal against a refusal by the Court of Appeal to grant C leave to appeal from a decision of the Employment Court declining to suppress C's name pending determination of his claim against the respondent — whether the Supreme Court should grant leave where to do so would effectively negate the Supreme Court's inability to give leave to appeal from the Court of Appeal's refusal to grant leave (s7(b) Supreme Court Act 2003).

Held: The Supreme Court had jurisdiction to grant such an application but, because to do so would effectively negate the Supreme Court's inability to give leave to appeal from the Court of Appeal's refusal to grant leave (s7(b) Supreme Court Act 2003), C was required to show “extremely compelling circumstances” justifying the grant of leave. None exist here. No point of law or principle of general or public importance was involved, nor could the miscarriage ground be invoked. For these reasons the application for leave was dismissed.

The interim order for suppression of C's name made by the Court of Appeal on 23 June 2010 was continued until 5pm on 7 September 2010. This would enable C to apply to the Employment Court again, if so advised, should the present state of the case in that Court be thought to justify a suppression order.

JUDGMENT OF THE COURT
  • A The application for leave to appeal is dismissed.

  • B The interim order for suppression of the applicant's name made by the Court of Appeal on 23 June 2010 is to continue in force until 5pm on 7 September 2010.

REASONS
1

By a majority the Court of Appeal refused to grant the applicant leave to appeal from a decision of the Employment Court declining to suppress his name pending determination of his claim against the respondent. The applicant has now applied for leave to appeal directly from the Employment Court to this Court on the same issue. This Court has jurisdiction to grant such an application but, because to do so would effectively negate this Court's inability to give leave to appeal from the Court of Appeal's refusal to grant leave, 1 the applicant must show “extremely

compelling circumstances” justifying the grant of leave. 2 None exist here. No...

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9 cases
  • H v A Ltd NZEmpC AUCKLAND
    • New Zealand
    • Employment Court
    • 13 June 2014
    ...n 49, at [21]. 56 Lewis v Wilson & Horton Ltd [2000] 3 NZLR 546 (CA) at 559. 57Air Nelson (CA), above n 42. 58C v Air Nelson Ltd [2010] NZSC 110 [Air Nelson 59White v Auckland District Health Board [2007] NZCA 227, [2007] ERNZ 441 (citations omitted). 60 At [17]. 61 White v Auckland Dis......
  • H v A Ltd
    • New Zealand
    • 1 January 2014
    ...included the refusal to order permanent suppression of his name. That application 57 Air Nelson (CA), above n 42. C v Air Nelson Ltd [2010] NZSC 110 [Air Nelson White v Auckland District Health Board [2007] NZCA 227, [2007] ERNZ 441 (citations omitted). 58 for leave was dismissed. In a judg......
  • H v A Limited
    • New Zealand
    • 1 January 2014
    ...included the refusal to order permanent suppression of his name. That application 57 Air Nelson (CA), above n 42. C v Air Nelson Ltd [2010] NZSC 110 [Air Nelson White v Auckland District Health Board [2007] NZCA 227, [2007] ERNZ 441 (citations omitted). 58 for leave was dismissed. In a judg......
  • C v Air Nelson Ltd
    • New Zealand
    • Employment Court
    • 29 March 2011
    ...66. 5 [2008] ERNZ 462. 6 [2009] ERNZ 185 . 7C v Air Nelson Ltd [2010] NZEmpC 18. 8S v Airline Ltd [2010] NZCA 263. 9C v Air Nelson Ltd [2010] NZSC 110. 10 At ...
  • Request a trial to view additional results

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