Rabson v Shepherd

[2016] NZCA 359

IN THE COURT OF APPEAL OF NEW ZEALAND

CA51/2016
[2016] NZCA 359

BETWEEN	MALCOLM EDWARD RABSON AND RICHARD JOHN CRESER AS TRUSTEES OF THE MALCOLM RABSON FAMILY TRUST Appellants
AND	IAN BRUCE SHEPHERD AND CHRISTINE MARGARET DUNPHY Respondents

Counsel:

Appellant R J Creser in person
H L Thompson for Respondents

Judgment:

(On the papers)

28 July 2016 at 10.30 am

JUDGMENT OF WILD J

The appellants’ application for a recall of the judgment delivered on 23 June 2016 is declined.

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REASONS

1. The appellant Mr Creser asks the Court to recall the judgment it delivered on 23 June 2016.[1]  In that judgment, having reviewed the Deputy Registrar’s decision declining to dispense with security for the costs of this appeal, I upheld that decision.

   [1]Rabson v Shepherd [2016] NZCA 283.

2. I have considered:

   (a)the appellant Mr Creser’s application of 30 June for recall;

   (b)the memorandum in opposition filed by Mr Thompson for the respondents on 8 July;

   (c)Mr Creser’s memorandum of 11 July in reply; and

   (d)a memorandum filed by the appellant Mr Rabson on 11 July, also in reply.

3. I decline to recall my judgment of 23 June 2016.  I do not consider that Mr Creser has established that the situation here is one “where for some other very special reason justice requires that the judgment be recalled”.[2]  In particular, I see force in the point made by Mr Thompson in paragraph 6 of his memorandum in opposition.

   [2]Horowhenua County v Nash (No 2) [1968] NZLR 632 at 633 per Wild CJ.

Solicitors:
McMahon Butterworth Thompson, Auckland for Respondent