Moodie v Strachan

[2014] NZCA 289

IN THE COURT OF APPEAL OF NEW ZEALAND

CA871/2013
[2014] NZCA 289

BETWEEN	ROBERT ALEXANDER MOODIE Appellant
AND	ELIZABETH GRACE STRACHAN Respondent

Court:

Miller, R Young and S France JJ

Counsel:

Appellant in person
P Churchman QC for Respondent

Judgment:

(On the papers)

30 June 2014 at 11.00 am

JUDGMENT OF THE COURT

REASONS OF THE COURT

(Given by Miller J)

1. Mr Moodie has applied informally for recall of our judgment of 23 June 2014, asserting that there is a factual error in that we were wrong to say that the defamatory comments were not further published.

2. Mr Churchman responds that the application is mischievous, because the defamation proceeding against Ms Strachan rests on one publication to one person on one occasion.  Any award of damages must be confined to that single publication.

3. We are not persuaded that our judgment was inaccurate in any relevant way, so as to meet the established test for recall.  We decline to recall it.

Solicitors:
Izard Weston, Wellington for Respondent