Douglas Banks and Christine Banks v Grey District Council

Case

[2015] NZSC 172

11 November 2015


IN THE SUPREME COURT OF NEW ZEALAND
SC 114/2015
[2015] NZSC 172
BETWEEN

DOUGLAS BANKS AND CHRISTINE SANDRA BANKS
Applicants

AND

GREY DISTRICT COUNCIL
Respondent

Court:

William Young, Glazebrook and O'Regan JJ

Counsel:

Applicants in person
J Shackleton for Respondent

Judgment:

11 November 2015

JUDGMENT OF THE COURT

The application for recall is dismissed.

____________________________________________________________________

REASONS

  1. In a decision dated 28 October 2015, this Court dismissed Mr and Mrs Banks’ application for leave to appeal to this Court against a decision of the Court of Appeal.[1] 

    [1]Banks v Grey District Council [2015] NZSC 158.

  2. On 2 November 2015, Mr and Mrs Banks filed a memorandum which is, in substance, an application for recall of this Court’s judgment.

  3. The substance of Mr and Mrs Banks’ recall application mirrors their application for leave to appeal and attempts to re-argue the points dismissed in our leave judgment.  This does not provide a proper basis for recall.

  1. The application for recall is dismissed.

Solicitors:
Simpson Grierson, Wellington for Respondent


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