Siemer v Auckland High Court
[2021] NZCA 550
•20 October 2021 at 9 am
| IN THE COURT OF APPEAL OF NEW ZEALAND I TE KŌTI PĪRA O AOTEAROA |
| CA680/2020 [2021] NZCA 550 |
| BETWEEN | VINCENT ROSS SIEMER |
| AND | AUCKLAND HIGH COURT |
| Court: | French, Brown and Courtney JJ |
Counsel: | Appellant in person |
Judgment: | 20 October 2021 at 9 am |
JUDGMENT OF THE COURT
The application for a recall of this Court’s judgment of 24 September 2021 (Siemer v Auckland High Court [2021] NZCA 487) and correction under the slip rule is declined.
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REASONS OF THE COURT
(Given by French J)
On 24 September 2021 we delivered a judgment[1] striking out the appellant’s appeal under r 44A(1)(c) of the Court of Appeal (Civil) Rules 2005.[2]
[1]Siemer v Auckland High Court [2021] NZCA 487.
[2]Under this rule, the Court has the power of its own initiative to strike out an appeal if the appeal is frivolous, vexatious or otherwise an abuse of the process of the Court.
In holding that the appeal was an abuse of process, we found it was an attempt to open a pathway to again challenge an observation made by Palmer J in a minute and was therefore a collateral attack on an earlier decision of this Court striking out his appeal against that minute.[3]
[3]Re Siemer [2020] NZCA 393.
Mr Siemer has now applied for a recall of the judgment and correction under the slip rule on the grounds that this appeal had nothing to do with a minute by Palmer J.
That assertion is disingenuous having regard to the proceeding in the High Court, the subject matter of the decision under appeal and the notice of appeal.
There are no grounds for recall,[4] or for correction under the slip rule,[5] and the application is accordingly declined.
[4]Saxmere Co Ltd v Wool Board Disestablishment Co Ltd (No 2) [2009] NZSC 122, [2010] 1 NZLR 76 at [2], citing Horowhenua County v Nash (No 2) [1968] NZLR 632 (SC) at 633.
[5]Court of Appeal (Civil) Rules 2005, r 8.
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