Dunstan v North Shore District Court
[2024] NZCA 381
•12 August 2024 at 11.00 am
| IN THE COURT OF APPEAL OF NEW ZEALAND I TE KŌTI PĪRA O AOTEAROA |
| CA430/2024 [2024] NZCA 381 |
| BETWEEN | TANYA FELICITY DUNSTAN |
| AND | NORTH SHORE DISTRICT COURT |
| Counsel: | Applicant in person |
Judgment: | 12 August 2024 at 11.00 am |
JUDGMENT OF GODDARD J
(Recall)
The application for recall is declined.
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REASONS
On 16 July 2024 I delivered a judgment in which I declined an application for review of a decision of the Deputy Registrar declining a fee waiver application.[1]
[1]Dunstan v North Shore District Court [2024] NZCA 319.
Ms Dunstan has applied to recall that judgment.
Nothing in Ms Dunstan’s application for a recall refers to, or engages with, the recognised criteria for the recall of a judgment.[2] Much of the application does not relate to the judgment that she seeks to recall: rather, it sets out various criticisms of other decisions of this Court, and of decisions of other courts. That material is simply irrelevant. In so far as the application does address the judgment that Ms Dunstan seeks to recall, her application appears to be made on the basis that the judgment is “plainly wrong”. That is not a recognised ground for recall.
[2]See Horowhenua County v Nash (No 2) [1968] NZLR 632 (SC) at 633, affirmed in Craig v Williams [2019] NZSC 60 at [10]; and Saxmere Company Ltd v Wool Board Disestablishment Company Ltd (No 2) [2009] NZSC 122, [2010] 1 NZLR 76 at [2].
The application for recall is declined.
Solicitors:
Crown Law Office | Te Tari Ture o te Karauna, Wellington for Respondent
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