Faloon v Commissioner of Inland Revenue

[2016] NZCA 588

IN THE COURT OF APPEAL OF NEW ZEALAND

CA208/2016
[2016] NZCA 588

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)

8 December 2016 at 11.30 am

JUDGMENT OF THE COURT

The application for recall is declined.

____________________________________________________________________

REASONS OF THE COURT

(Given by Winkelmann J)

1. We have received Mr Faloon’s application dated 12 November 2016 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. The grounds Mr Faloon sets out in his application for recall are simply an attempt to re-run arguments already raised at the hearing of this appeal and addressed in the judgment.  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 application for recall is declined.

Solicitors:
Crown Law Office, Wellington for Respondent