Siemer v Auckland High Court

[2021] NZSC 141

IN THE SUPREME COURT OF NEW ZEALAND

I TE KŌTI MANA NUI

 SC 68/2021
 [2021] NZSC 141

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

Court:	Glazebrook, O’Regan and Ellen France JJ
Counsel:	Applicant in person A M Powell and R M McMenamin for Respondents
Judgment:	21 October 2021

JUDGMENT OF THE COURT

The application for recall of this Court’s judgment of 20 September 2021 (Siemer v Auckland High Court [2021] NZSC 120) is dismissed.

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REASONS

1. On 20 September 2021, this Court dismissed Mr Siemer’s application for leave to appeal against a decision of the Court of Appeal which upheld the Deputy Registrar’s decision to decline to waive security of costs.[1]

   [1]Siemer v Auckland High Court [2021] NZSC 120 (Glazebrook, O’Regan and Ellen France JJ).

2. Mr Siemer applies for recall of that judgment on the basis that the judgment does not adequately summarise his grounds for the proposed appeal.  In effect, Mr Siemer wishes to argue that the Court should revisit its judgment. 

3. A submission of this nature does not provide a basis for recall.[2]

Result

[2]See Craig v Williams [2019] NZSC 60 at [10].

1. The application for recall of this Court’s judgment of 20 September 2021 (Siemer v Auckland High Court [2021] NZSC 120) is dismissed.

Solicitors:
Crown Law Office, Wellington for Respondents