Siemer v Brown
[2015] NZCA 161
•12 May 2015 at 2.30 pm
| IN THE COURT OF APPEAL OF NEW ZEALAND |
| CA31/2015 [2015] NZCA 161 |
| BETWEEN | VINCENT ROSS SIEMER AND JANE DINSDALE SIEMER |
| AND | KEVIN STANLEY BROWN & ORS |
| Counsel: | Appellants in person |
Judgment: (On the papers) | 12 May 2015 at 2.30 pm |
JUDGMENT OF WILD J
[Review of Registrar’s decision]
The Registrar’s decision of 23 March refusing to accept for filing an application for review is upheld.
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REASONS
Pursuant to r 7(2) of the Court of Appeal (Civil) Rules 2005, the appellants sought a review of a judgment I gave on 16 March 2015.[1] The appellants filed their application on 23 March.
[1]Siemer v Brown [2015] NZCA 69.
The same day the Registrar refused to accept that review application for filing and returned it to the appellants. The reason given was that review is only available of a decision made under s 61A(1) of the Judicature Act 1908. My decision was made under s 61A(3).
On 31 March the appellants sought review of the Registrar’s decision refusing to accept their review application.
The Registrar’s decision is correct, as at least the appellant Mr V R Siemer well knows: Siemer v Judicial Conduct Commissioner & Ors [2013] NZSC 112, particularly at [3].
Accordingly, having reviewed the Registrar’s decision, I uphold it.
The appellants’ remedy is to seek leave to appeal to the Supreme Court, which I note they did on 31 March.
Solicitors:
Crown Law Office, Wellington for Respondents
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