Malcolm Edward Rabson v Transparency International New Zealand Incorporated

[2015] NZSC 153

IN THE SUPREME COURT OF NEW ZEALAND

SC 85/2015
[2015] NZSC 153

BETWEEN	MALCOLM EDWARD RABSON Applicant
AND	TRANSPARENCY INTERNATIONAL NEW ZEALAND INCORPORATED Respondent

Court:	William Young, Arnold and O'Regan JJ
Counsel:	Applicant in person D R Kalderimis and K E Yesberg for Respondent
Judgment:	22 October 2015

JUDGMENT OF THE COURT

The application for recall is dismissed.

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REASONS

1. The applicant seeks recall of the Court’s most recent judgment in this matter.[1]  He argues the Court did not deal with delay or with the fact that the Court of Appeal did not make a decision.

   [1]Rabson v Transparency International New Zealand Incorporated [2015] NZSC 145.

2. Both were in fact referred to at [3] of the judgment.  Delay in deciding did not add anything to the principal ground of appeal, that the Court of Appeal did not make a decision on the applicant’s application for an extension of time.  The Court found that the fact the Court of Appeal Judge did not decide whether to grant an extension of time did not provide a proper basis for appeal in the circumstances explained at [4] of the judgment.

3. No basis for recall is made out and the application is dismissed.

Solicitors:
Chapman Tripp, Wellington for Respondent