Faloon v Commissioner of Inland Revenue

[2017] NZCA 5

IN THE COURT OF APPEAL OF NEW ZEALAND

CA208/2016
[2017] NZCA 5

BETWEEN	CLARENCE JOHN FALOON Applicant
AND	COMMISSIONER OF INLAND REVENUE Respondent

Court:

Randerson, Cooper and Winkelmann JJ

Counsel:

Applicant in person
D W Jacyk for Respondent

Judgment:

(On the papers)

9 February 2017 at 3 pm

JUDGMENT OF THE COURT

The second application for recall is declined.

____________________________________________________________________

REASONS OF THE COURT

(Given by Winkelmann J)

1. Mr Faloon has filed a second application for recall or reopening of the judgment delivered by us in this proceeding on 11 November 2016.[1] 

   [1]Faloon v Commissioner of Inland Revenue [2016] NZCA 537.

2. In support of his application for recall, Mr Faloon seeks to advance arguments already raised and determined in these proceedings and in others.  Mr Faloon does not therefore make out a ground for recall in accordance with the test established in Horowhenua County v Nash (No 2).[2]

   [2]Horowhenua County v Nash (No 2) [1968] NZLR 632 (SC) at 633.

3. The second application for recall is declined.

Solicitors:
Crown Law Office, Wellington for Respondent