Razdan Rafiq v Google New Zealand Limited
[2014] NZSC 159
•6 November 2014
| IN THE SUPREME COURT OF NEW ZEALAND |
| SC 72/2014 [2014] NZSC 159 |
| BETWEEN | RAZDAN RAFIQ |
| AND | GOOGLE NEW ZEALAND LIMITED |
| Court: | McGrath, William Young and Glazebrook JJ |
Counsel: | Applicant in person |
Judgment: | 6 November 2014 |
JUDGMENT OF THE COURT
The application for recall of the Court’s judgment is dismissed.
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REASONS
Mr Rafiq seeks recall of our judgment refusing leave to appeal[1] on the basis that the Court was wrong to award costs against him, in favour of Google, when it dismissed Mr Rafiq’s leave application.
[1]Rafiq v Google New Zealand Ltd [2014] NZSC 126.
The basis for the recall application is that the respondent did not seek costs. The only relief sought by the respondent was refusal of leave to appeal.
Rule 44 of the Supreme Court Rules 2004 gives the Court discretion to “make any order that seems just” in relation to the costs of an application for leave to appeal. The availability of the Court’s discretion does not depend on whether the respondent applies for an order as to costs. In awarding costs in this matter, the Court exercised this discretion in favour of the respondent. The present application does not set out any basis on which the Court can recall its judgment. The application for recall is dismissed.
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