Payne v Payne

[2005] NZSC 52

IN THE SUPREME COURT OF NEW ZEALAND

SC 46/2005 [2005] NZSC 52

BETWEEN  ROGER JOHN PAYNE Plaintiff

ANDJEANETTE ROSSLYN PAYNE Respondent

Court:            Blanchard J and Tipping J Counsel:  Applicant in Person Judgment: 28 July 2005

JUDGMENT OF THE COURT

The application for leave to appeal is dismissed.

REASONS

[1]      The Supreme Court has no power to hear an appeal from the refusal of the Court of Appeal to recall any of its judgments in which the applicant was refused leave to appeal to the Court of Appeal: Ngahuia Reihana Whanau Trust v Flight (2004) 17 PRNZ 357.

[2]      In  the  case  of  the  judgment  of  17  February  2005,  leave  to  appeal  has previously been refused by this Court.

[3]      There are no exceptional circumstances which would permit the Court to hear the proposed interlocutory appeal relating to MacKenzie J’s minute of 13 April

2005.   Both MacKenzie J and the Court of Appeal regarded the application as an abuse of the process of the Court.  We agree with that view.

[4]      There being no foundation for any substantive appeal, no question of stay can arise.

PAYNE V  PAYNE SC 46/2005 [28 July 2005]