Faloon v Palmerston North Airport Limited

[2014] NZCA 372

IN THE COURT OF APPEAL OF NEW ZEALAND

CA49/2014
[2014] NZCA 372

BETWEEN	CLARENCE JOHN FALOON Appellant
AND	PALMERSTON NORTH AIRPORT LIMITED Respondent

Court:

Harrison, Wild and French JJ

Counsel:

Applicant in Person
J W Maassen for Respondent

Judgment:

(On the papers)

6 August 2014 at 10 am

JUDGMENT OF THE COURT

The application to recall is dismissed.

____________________________________________________________________

REASONS OF THE COURT

(Given by Harrison J)

1. The appellant, Clarence Faloon, applied on 10 July 2014 to recall a judgment of this Court delivered on 2 July 2014 dismissing his application for special leave to appeal.[1] 

   [1]Faloon v Palmerston North Airport Ltd [2014] NZCA 291.

2. We agree with Mr Maassen for the respondent, Palmerston North Airport Ltd, that the application to recall seeks to challenge substantive findings of fact made in earlier judgments and is irrelevant to whether Mr Faloon’s appeal raised a question of law justifying special leave being granted.

3. Mr Faloon’s application to recall our judgment is dismissed.  There is no order as to costs.

Solicitors:
Cooper Rapley, Palmerston North for Respondent