Siemer v Auckland High Court

[2021] NZSC 173

IN THE SUPREME COURT OF NEW ZEALAND

I TE KŌTI MANA NUI

 SC 136/2021
 [2021] NZSC 173

BETWEEN	VINCENT ROSS SIEMER Applicant
AND	AUCKLAND HIGH COURT First Respondent MATTHEW SIMON RUSSELL PALMER Second Respondent

Court:	William Young, Glazebrook and O’Regan JJ
Counsel:	Applicant in person A M Powell and R M McMenamin for Respondents
Judgment:	6 December 2021

JUDGMENT OF THE COURT

A        The application for leave to appeal is dismissed.

B        Costs are reserved.
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REASONS

1. The applicant issued proceedings in the High Court seeking a writ of mandamus to require the Court and Palmer J to issue a judgment as to whether an order should be made against him under s 166 of the Senior Courts Act 2016.  The application was struck out by Powell J as an abuse of process[1] and the applicant’s appeal against that judgment was struck out by the Court of Appeal on the same ground.[2]  He now seeks leave to appeal.

   [1]Siemer v Auckland High Court [2020] NZHC 3072.

   [2]Siemer v Auckland High Court [2021] NZCA 487 (French, Brown and Courtney JJ).

2. The background to the application was reviewed in the judgments of both Powell J and the Court of Appeal.  Their conclusions that the proceedings and the appeal to the Court of Appeal were abuses of process is undoubtedly correct; this for the reasons they gave.  The same is true of the present application for leave to appeal.

3. The application for leave to appeal is accordingly dismissed.  Costs were not addressed in the submissions and are therefore reserved.

Solicitors:
Crown Law Office, Wellington for Respondents