Palmer v The Queen

[2004] NZCA 148

IN THE COURT OF APPEAL OF NEW ZEALAND

CA334/03

THE QUEEN

v

GRAHAM ASHLEY ROBERT PALMER

Hearing:19 July 2004

Coram:Anderson P
Glazebrook J
Hammond J

Appearances:  R A A Weir for Applicant

S P France for Crown

Judgment:19 July 2004 

JUDGMENT OF THE COURT DELIVERED BY ANDERSON P

[1]       This is an application for recall of an order dismissing an application for rehearing.  The order was made inadvertently in that counsel for Mr Palmer, who had wished to be heard, was not given that opportunity.  The Crown itself brought the case to the attention of the Court as an apparent failure of process. 

[2]       The application is well founded.  The order dismissing the application for rehearing is recalled and the proceedings will be set down for hearing on a date to be fixed by the Registrar.

Solicitors:

Crown Law Office, Wellington