Easton v Registrar of the High Court of New Zealand

IN THE SUPREME COURT OF NEW ZEALAND

I TE KŌTI MANA NUI O AOTEAROA

SC 82/2021
[2022] NZSC 90

BETWEEN	BENJAMIN MORLAND EASTON Applicant
AND	REGISTRAR OF THE HIGH COURT OF NEW ZEALAND Respondent

Court:	Ellen France and Williams JJ
Counsel:	Applicant in person
Judgment:	22 July 2022

JUDGMENT OF THE COURT

AThe application for recall of this Court’s judgment of 22 September 2021 (Easton v Registrar of the High Court of New Zealand [2021] NZSC 123) is dismissed.

BThere is no order as to costs.

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REASONS

The applicant has filed a notice of application which, amongst other matters, seeks recall of the judgment of 22 September 2021 in Easton v Registrar of the High Court of New Zealand.[1] Nothing is advanced in the application that would support recall of the judgment.
[1]Easton v Registrar of the High Court of New Zealand [2021] NZSC 123.
The application for recall is dismissed.
As we have determined the matter without the need for the respondent to file submissions, we make no order as to costs.

CaseChat Overview and Summary

In the Supreme Court of New Zealand, Benjamin Morland Easton brought an application against the Registrar of the High Court of New Zealand seeking the recall of the Court's judgment delivered on 22 September 2021. The applicant, appearing in person, filed a notice of application seeking recall of the judgment, amongst other matters. The respondent was not required to file submissions as the matter was determined without the need for their input.

The legal issue before the Court was whether there were sufficient grounds to recall the earlier judgment made in this matter. The applicant did not provide any new evidence or argument to support the recall of the judgment. The Court was required to assess whether the application met the criteria for recalling a judgment, which generally involves demonstrating new evidence, a significant error in the judgment, or other compelling reasons.

The Court found that the applicant had not advanced any new evidence or argument that would justify recalling the judgment. The Court concluded that there were no grounds to support the recall of the judgment. Consequently, the application for recall was dismissed, and no order was made as to costs, as the respondent was not required to file submissions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established