Easton v Wellington City Council

[2024] NZCA 306

IN THE COURT OF APPEAL OF NEW ZEALAND

I TE KŌTI PĪRA O AOTEAROA

 CA16/2024
 [2024] NZCA 306

BETWEEN	BENJAMIN MORLAND EASTON Applicant
AND	WELLINGTON CITY COUNCIL Respondent

Court:	French, Palmer and Cooke JJ
Counsel:	Applicant in person K A Lee and A M Cotterill for Respondent
Judgment: (On the papers)	10 July 2024 at 10.30 am

JUDGMENT OF THE COURT

The application for recall is declined.

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REASONS OF THE COURT

(Given by French J)

1. On 22 May 2024 this Court delivered a judgment declining to grant Mr Easton leave to bring a second appeal.[1]

   [1]Easton v Wellington City Council [2024] NZCA 171.

2. He has now applied for a recall of that judgment.  The application is opposed by the respondent.

3. In our view the application falls well short of the recognised criteria for the recall of a judgment.[2]  It is simply an attempt to relitigate the same issues.

Result

[2]Saxmere Company Ltd v Wool Board Disestablishment Company Ltd (No 2) [2009] NZSC 122, [2010] 1 NZLR 76 at [2], citing Horowhenua County v Nash (No 2) [1968] NZLR 632 (SC) at 633. The grounds for recall set out in Saxmere Company Ltd v Wool Board Disestablishment Company Ltd (No 2) apply equally in the criminal jurisdiction: see Uhrle v R [2020] NZSC 62, [2020] 1 NZLR 286 at [29]; and Jolley v R [2022] NZSC 150, [2022] 1 NZLR 595 at [12]–[17].

1. The application is accordingly declined.