Accident Compensation Corporation v Thomas [2014] NZCA 448 (15 September 2014)

Last Updated: 3 October 2014

IN THE COURT OF APPEAL OF NEW ZEALAND
CA670/2013 [2014] NZCA 448
BETWEEN	ACCIDENT COMPENSATION CORPORATION Applicant
AND	ALAN THOMAS Respondent

Court:	Stevens, White and French JJ
Counsel:	D K L Tuiqereqere for Applicant Respondent in person
Judgment: (On the papers)	15 September 2014 at 10.00 am

JUDGMENT OF THE COURT

The application for costs is dismissed.
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REASONS OF THE COURT

(Given by French J)

[1] In a judgment delivered on 24 March 2014, we dismissed Mr Thomas’ application for special leave to appeal.^[1] The Accident Compensation Corporation did not apply for costs and no costs award was made.
[2] Mr Thomas then applied for a recall of the judgment. In a subsequent decision we dismissed the application for recall and awarded costs against Mr Thomas.^[2]
[3] ACC has now applied for costs on the application for special leave.
[4] In our view the application for costs is too late. Costs were not sought at the time. In our assessment the recall application was in a different category.
[5] The application for costs is accordingly dismissed.

Solicitors:
Medico Law Ltd, Auckland for Applicant

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^[1] Thomas v Accident Compensation Corporation [2014] NZCA 89.

^[2] Thomas v Accident Compensation Corporation [2014] NZCA 186.