Hill v Māori Trustee
[2019] NZCA 381
•22 August 2019 at 11.00 am
| IN THE COURT OF APPEAL OF NEW ZEALAND I TE KŌTI PĪRA O AOTEAROA |
| CA622/2017 [2019] NZCA 381 |
| BETWEEN | FREDRICK HILL |
| AND | MĀORI TRUSTEE |
| Court: | French, Miller and Wild JJ |
Counsel: | Applicant in Person |
Judgment: | 22 August 2019 at 11.00 am |
JUDGMENT OF THE COURT
(On recall application)
The application for recall is dismissed.
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REASONS OF THE COURT
(Given by Miller J)
Mr Hill has moved for recall of this Court’s judgment of 24 June 2019 in which we struck his appeal out for non-payment of security for costs.[1]
[1]Hill v Māori Trustee [2019] NZCA 243.
He has also sought leave of the Supreme Court to appeal, and the Māori Trustee applied for a stay of the recall application pending the Supreme Court decision. The stay application is now redundant, the Supreme Court having very recently refused leave.[2]
[2]Hill v Māori Trustee [2019] NZSC 89.
The grounds on which Mr Hill seeks recall are set out at length in his application. We will not traverse them. They do not affect our reasons for judgment, which were procedural in nature, nor do they satisfy the criteria for recall.[3] The merits of his application for a waiver of security have been examined by this Court and he was given ample opportunity to pay. His appeal is at an end.
[3]Horowhenua County v Nash (No 2) [1968] NZLR 632 (HC) at 633; and Erwood v Maxted [2010] NZCA 93, (2010) 20 PRNZ 466 at [23].
The application is dismissed. The Registrar may not receive any further recall applications for filing without leave of a Judge.
Solicitors:
Te Tumu Paeroa, Wellington for Respondent
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