SKP Incorporated v Auckland Council

[2021] NZSC 44

IN THE SUPREME COURT OF NEW ZEALAND

I TE KŌTI MANA NUI

 SC 118/2020
 [2021] NZSC 44

BETWEEN	SKP INCORPORATED Applicant
AND	AUCKLAND COUNCIL First Respondent KENNEDY POINT BOATHARBOUR LIMITED Second Respondent

Court:	William Young, O’Regan and Ellen France JJ
Counsel:	J D K Gardner-Hopkins for Applicant M C Allan and R K Smith for First Respondent P F Majurey and V N Morrison-Shaw for Second Respondent
Judgment:	19 May 2021

JUDGMENT OF THE COURT

The application for recall of this Court’s judgment of 27 April 2021, reissued on 5 May 2021 (SKP Inc v Auckland Council [2021] NZSC 35), is dismissed.

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REASONS

1. SKP Inc has filed a second application for the recall of this Court’s judgment in SKP Inc v Auckland Council.[1]  In that judgment, the Court granted SKP’s application for an extension of time to apply for leave to appeal, but dismissed the application for leave.[2]

   [1]SKP Inc v Auckland Council [2021] NZSC 35.

   [2]The judgment was recalled and reissued on 5 May 2021 with a correction: SKP Inc v Auckland Council [2021] NZSC 37.

2. Nothing has been advanced by SKP which would warrant a recall of the leave judgment.  Rather, the application is in substance an attempt to debate the merits of the application for leave.

3. The application for recall is accordingly dismissed.

Solicitors:

Greenwood Law Ltd, Waiheke Island for Applicant
Brookfields, Auckland for First Respondent
Atkins Holm Majurey Ltd, Auckland for Second Respondent