Prasad v Indiana Publications (NZ) Limited

[2012] NZSC 97

IN THE SUPREME COURT OF NEW ZEALAND

SC 34/2010
SC 69/2010
[2012] NZSC 97

BETWEEN  RAJENDRA PRASAD
Applicant

AND  INDIANA PUBLICATIONS (NZ) LIMITED & ORS
Respondents

Court:             McGrath, William Young and Glazebrook JJ

Counsel:         Applicant in person
G M Harrison for Respondents

Judgment:      14 November 2012

JUDGMENT OF THE COURT

The applications for recall are dismissed.

1. Mr Prasad applies for the recall of the following judgments of this Court:

   (a)Prasad v Indiana Publications (NZ) Limited & Ors [2010] NZSC 60; [1] and

   (b)Prasad v Indiana Publications (NZ) Limited & Ors [2012] NZSC 93.[2]

   [1]      By application dated 5 November 2012.

   [2]      By application dated 9 November 2012.

2. The grounds for recall are that these judgments did not address the question of who owned the copyright and, in the case of the 2012 judgment, did not address the correct process for setting costs.

3. The reason that this Court did not address these questions is because leave to appeal was refused.  Further, leave was refused on the basis that the questions had been definitively determined in other proceedings.[3]

   [3]Prasad v Indiana Publications (NZ) Limited & Ors [2010] NZSC 60 at [2] and Prasad v Indiana Publications (NZ) Limited& Ors [2012] NZSC 93 at [4] and [5].

4. The applications for recall are wholly without merit and are declined.