Re: An application by Malcolm Edward Rabson

[2017] NZSC 41

IN THE SUPREME COURT OF NEW ZEALAND

SC MA 13/2016
[2017] NZSC 41

IN THE MATTER OF	AN APPLICATION BY MALCOLM EDWARD RABSON Applicant
Court:	Elias CJ, William Young, Glazebrook, OʼRegan and Ellen France JJ
Counsel:	M E Rabson in person
Judgment:	5 April 2017

JUDGMENT OF THE COURT

The application for recall of judgment is dismissed.

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REASONS

1. The applicant seeks a recall of this Court’s judgment dismissing his application for review of a decision of Arnold J by minute of 19 December 2016.[1]  In that minute, Arnold J dealt with an application by Mr Rabson for recall of this Court’s judgment in Erceg v Erceg.[2]  Arnold J ruled that the applicant had no standing to seek recall of the Erceg judgment.  The Court dismissed the application for review for want of jurisdiction.

   [1]Re an application by Rabson [2017] NZSC 19.

   [2]Erceg v Erceg [2016] NZSC 135.

2. The application for recall raises no matter that provides any basis for reconsideration of the judgment.  The statement in the judgment that the Court does not have jurisdiction means what it says.

3. The application for recall is therefore dismissed.

4. We direct the Registrar to refuse to accept for filing any further applications from the applicant in relation to this matter.