Siemer v Brown

Case [2015] NZSC 102


IN THE SUPREME COURT OF NEW ZEALAND
SC 48/2015
[2015] NZSC 102
BETWEEN

VINCENT ROSS SIEMER AND JANE DINSDALE SIEMER
Applicants

AND

KEVIN STANLEY BROWN
First Respondent

M PALMA
Second Respondent

A LOVELOCK
Third Respondent

JANE THEW
Fourth Respondent

REECE SIRL
Fifth Respondent

Continued next page …

Court:

Elias CJ, Glazebrook and O'Regan JJ

Counsel:

V R Siemer in person
A M Powell and E J Devine for First to Fourteenth Respondents
V E Casey for Fifteenth Respondent

Judgment:

14 July 2015

JUDGMENT OF THE COURT 

AThe application for leave to appeal is dismissed.

BThe applicants must pay costs to the first to fourteenth respondents (collectively) of $1,500 and costs of $1,500 to the fifteenth respondent.  Their liability is joint and several.

JULIE FOSTER
Sixth Respondent

JOHN MILLER
Seventh Respondent

DAVID THOMAS
Eighth Respondent

BRETT OTTO
Ninth Respondent

TREVOR FRANKLIN
Tenth Respondent

JOHN TAYLOR
Eleventh Respondent

JUERGEN ARNDT
Twelfth Respondent

KERWIN STEWART
Thirteenth Respondent

THE ATTORNEY-GENERAL OF NEW ZEALAND
Fourteenth Respondent

B J REID
Fifteenth Respondent

___________________________________________________________________

REASONS

  1. The applicants seek leave to appeal against a decision of Wild J.[1]  In that decision, Wild J dealt with an application by the applicants to review a decision of the Registrar of the Court of Appeal refusing to accept for filing an application for a review by a panel of three Court of Appeal judges[2] of a decision made by Wild J upholding the decision of the Registrar of the Court of Appeal to refuse to dispense with security for costs in relation to an appeal before the Court of Appeal.

  2. The background to the appeal before the Court of Appeal is set out in Siemer v Brown.[3]

  3. In Siemer v Stiassny, this Court made it clear that there was no right of review by a panel of three Court of Appeal Judges of a decision by a single Judge dealing with an application for review of a decision by the Registrar under s 61A(3) of the Judicature Act 1908.[4]  The Court said:[5]

    The power for a single judge to review the decision of the Registrar [of the Court of Appeal] arises under s 61A(3) of the Judicature Act 1908.  The Court of Appeal’s powers under s 61A(2) to review decisions made by a single judge of that Court are expressly limited to the review of interlocutory and incidental orders made by a single judge in chambers pursuant to s 61A(1).  There is no power for the Court to review decisions made under s 61A(3).

    [5]At [4]. A similar ruling was made in Rabson v Chapman [2013] NZSC 65 at [4].

  4. The applicants’ attempt to file an application for review in circumstances where this Court had clearly ruled no right of review existed made it inevitable that the Registrar…

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AGLC
Siemer v Brown [2015] NZSC 102
Case
[2015] NZSC 102
Decision Date

CaseChat Overview and Summary

Vincent Ross Siemer and Jane Dinsdale Siemer sought leave to appeal against a decision of Wild J. The applicants sought to appeal against Wild J's dismissal of their application for review of the Registrar of the Court of Appeal's decision to refuse to accept for filing an application for review by a panel of three Court of Appeal judges of a decision made by Wild J upholding the Registrar's decision to refuse to dispense with security for costs in relation to an appeal before the Court of Appeal. The Court had to decide whether the applicants had made out a case for leave to appeal and whether the application was vexatious.

The Court dismissed the application for leave to appeal. The Court noted that the applicants had sought to relitigate the same issue in a number of applications which had been dismissed as manifestly without merit. The Court also noted that the applicants' argument that Wild J had a conflict of interest was without merit. The Court found that the applicants' application was vexatious as it was the third application for leave to appeal in relation to the present litigation. The Court also found that the applicants' argument that Wild J's decision was in conflict with the Court of Appeal's decision in Houghton v Saunders was also without merit.

The Court dismissed the application for leave to appeal and awarded costs of $1,500 to the first to fourteenth respondents (collectively) and to the fifteenth respondent.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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