Rabson v Chapman

[2016] NZSC 17

IN THE SUPREME COURT OF NEW ZEALAND

SC 52/2014
[2016] NZSC 17

BETWEEN	MALCOLM EDWARD RABSON Applicant
AND	WAYNE SEYMOUR CHAPMAN Respondent

Court:	William Young, Glazebrook and Arnold JJ
Counsel:	Applicant in person S A Barker for the Respondent
Judgment:	25 February 2016

JUDGMENT OF THE COURT

The application for recall is dismissed.

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REASONS

1. Mr Rabson applies for the recall of the Court’s judgment in Rabson v Chapman[1] dismissing his application for leave to appeal.

   [1]Rabson v Chapman [2014] NZSC 112.

2. Mr Rabson submits that the judgment was a nullity as the underlying appeal in the Court of Appeal had been deemed abandoned.  In particular he says that no award of costs should have been made by this Court.

3. We do not accept that submission.  Mr Rabson filed the application for leave in this Court.  He did not withdraw it.  It therefore had to be determined.  The respondent filed submissions and was entitled to costs.

4. The application for recall is dismissed.

Solicitors:
Buddle Findlay, Wellington for the Respondent