Complainant A v New Zealand Law Society

NOTE: HIGH COURT ORDER PROHIBITING PUBLICATION OF THE NAME OF THE SECOND RESPONDENT REMAINS IN FORCE.

IN THE SUPREME COURT OF NEW ZEALAND

SC 95/2017
[2018] NZSC 8

BETWEEN

COMPLAINANT A
Applicant

AND

NEW ZEALAND LAW SOCIETY
First Respondent

Z, A LAWYER
Second Respondent

Court:	Elias CJ, William Young and OʼRegan JJ
Counsel:	Applicant in person D R La Hood and R M A Kós for First Respondent H W King for Second Respondent
Judgment:	7 February 2018

JUDGMENT OF THE COURT

The application for recall of this Court’s judgment in Complainant A v New Zealand Law Society [2017] NZSC 158 is dismissed.

___________________________________________________________________

REASONS

The applicant applies for recall of this Court’s judgment dealing with his application for leave to appeal.[1] In that judgment, the Court dismissed the applicant’s application for leave to appeal against the judgment of Clifford J, in which Clifford J had dismissed the applicant’s application for review of a decision of the Registrar of the Court of Appeal refusing to dispense with security of costs in relation to his appeal to the Court of Appeal.[2]
[1]Complainant A v New Zealand Law Society [2017] NZSC 158.
[2]Complainant A v New Zealand Law Society [2017] NZCA 373.
This Court’s judgment was issued on 12 October 2017 and the application for recall was filed on 5 February 2018.
The arguments made in support of the application for recall do not reveal any proper basis for the recall of the judgment. The application for recall is therefore dismissed.

Solicitors:
Luke Cunningham & Clere, Wellington for First Respondent
DAC Beachcroft New Zealand Ltd, Auckland for Second Respondent

CaseChat Overview and Summary

Complainant A, acting in person, sought recall of the Supreme Court of New Zealand's earlier judgment dismissing his application for leave to appeal against the Court of Appeal's decision. The Court of Appeal had refused to waive the requirement for security of costs in relation to an appeal against a decision of the Registrar of the Court of Appeal. The New Zealand Law Society was the first respondent, and the second respondent was a lawyer, Z, whose name is suppressed due to a High Court order. The court, consisting of Elias CJ, William Young, and O'Regan JJ, heard arguments from the applicant, who was unrepresented, and counsel for the first and second respondents.

The legal issues before the court were whether there was sufficient ground to recall the earlier judgment dismissing the applicant's leave to appeal application. The applicant argued that the earlier judgment was incorrect and that there was a significant error in the court's approach. The first and second respondents argued that the application for recall should be dismissed as there was no valid basis for recalling the judgment.

The Supreme Court found that the application for recall did not reveal any proper basis for the recall of the earlier judgment. The court noted that the applicant's arguments did not demonstrate any significant error in the earlier judgment. The court held that the application for recall was without merit and dismissed the application. The court concluded that there was no need to recall the earlier judgment as the applicant had not demonstrated any valid grounds for doing so. The court's judgment was issued on 7 February 2018.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established