He v Bai

[2014] NZCA 563

IN THE COURT OF APPEAL OF NEW ZEALAND

CA420/2014
[2014] NZCA 563

BETWEEN	JUN HE Applicant
AND	CYNTHIA BAI Respondent

Court:

Wild, White and Cooper JJ

Counsel:

Applicant in person
No appearance for respondent

Judgment:

(On the papers)

26 November 2014 at 11.30 am

JUDGMENT OF THE COURT

The application for recall is dismissed.

____________________________________________________________________

REASONS OF THE COURT

(Given by Cooper J)

1. Mr He has filed a “minute” in which he seeks a “rehearing”, following the Court’s judgment of 6 November 2014.  Although not couched as such, we treat the minute as an application for recall of our judgment.

2. In it, Mr He refers to his limited English ability, notes that he had “applied for an interpreter before the hearing” and that his application was refused.  He also claims that he was not allowed to explain supplemental information at the hearing.

3. In the result, he says that the Court’s decision was seriously affected by imprecise and insufficient information.

4. Mr He has not identified any error in the Court’s decision and the matters raised do not justify recall of the judgment.  None of the circumstances discussed in Horowhenua County v Nash (No 2) applies.[1] 

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

5. Consequently, the application is dismissed.