Siemer v Stiassny

[2011] NZSC 119

IN THE SUPREME COURT OF NEW ZEALAND

SC 103/2011
[2011] NZSC 119

BETWEEN  VINCENT ROSS SIEMER
Applicant

AND  MICHAEL PETER STIASSNY AND KORDA MENTHA
Respondents

Court:             Blanchard, Tipping and McGrath JJ

Counsel:         Applicant in person
P J L Hunt for Respondents

Judgment:      3 October 2011

JUDGMENT OF THE COURT

The application for leave to appeal is dismissed with costs of $2,500 to the respondents.

REASONS

1. The Court of Appeal, in agreement with the High Court, considered that Mr Siemer's application was an abuse of process and struck out his appeal[1] against the High Court's order striking out his application to vary, set aside or rescind the permanent injunction against him.[2]  Mr Siemer seeks leave to appeal to this Court.  His submissions provide no basis whatever for the further appeal, nor for this Court to order the Court of Appeal to provide a transcript of the hearing in that Court.  The applications to the courts below were plainly an attempt to relitigate a matter already conclusively determined against Mr Siemer.  They were an abuse of process, as is the present application to this Court.

   [1]      Siemer v Stiassny [2011] NZCA 466.

   [2]      Korda Mentha v Siemer HC Auckland CIV-2005-404-1808, 17 March 2011.

Solicitors:
McElroys, Auckland for Respondents