Richard John Creser v Janine Michelle Creser and the Official Assignee

[2015] NZSC 108

IN THE SUPREME COURT OF NEW ZEALAND

SC 46/2015
[2015] NZSC 108

BETWEEN

RICHARD JOHN CRESER
Applicant

AND

JANINE MICHELLE CRESER
First Respondent

THE OFFICIAL ASSIGNEE
Second Respondent

Court:	Glazebrook, Arnold and O'Regan JJ
Counsel:	Applicant in person First Respondent in person
Judgment:	21 July 2015

JUDGMENT OF THE COURT

The application for recall is dismissed.

____________________________________________________________________

REASONS

1. Mr Creser applies for a recall of this Court’s judgment of 16 July 2015,[1] refusing leave to appeal against a decision of Cooper J upholding the Registrar of the Court of Appeal’s decision refusing to dispense with security for costs.[2]

   [1]Creser v Creser [2015] NZSC 104.

   [2]Creser v Creser [2015] NZCA 128.

2. Mr Creser seeks a recall based on what he says was a fraud upon the Court with regard to his bankruptcy.  He therefore states that this Court’s decision is “unsafe”.

3. As this Court noted in its decision, Mr Creser’s submissions related to his bankruptcy were not relevant to Mr Creser’s identified grounds of appeal.[3]  They can therefore provide no justification for a recall of our judgment.

   [3]Creser v Creser, above n 1, at [4].  Prior to the delivery of this Court’s judgment on 16 July 2015, this Court received and considered documents and submissions filed by Mr Cresser concerning his bankruptcy.

4. The application for recall is dismissed.