Slavich v Judicial Conduct Commissioner

[2012] NZCA 117

IN THE COURT OF APPEAL OF NEW ZEALAND

CA626/2011
[2012] NZCA 117

BETWEEN  JOHN KENNETH SLAVICH
Applicant

AND  JUDICIAL CONDUCT COMMISSIONER
First Respondent

AND  PAUL HEATH
Second Respondent

Application:    19 March 2012

Court:             Glazebrook, Wild and White JJ

Counsel:         Applicant in person
P Gunn for Respondents

Judgment:      28 March 2012 at 3pm

JUDGMENT OF THE COURT:  RECALL APPLICATION

The application to recall this Court’s judgment of 22 February 2012 is dismissed.
____________________________________________________________________

REASONS OF THE COURT
(Given by Wild J)

1. By application dated 2 March 2012, received by this Court on 19 March, the applicant applies to this Court to recall its judgment of 22 February 2012.[1]

   [1]      Slavich v Judicial Conduct Commissioner [2012] NZCA 31.

2. That judgment dismissed the applicant’s application for an extension of time within which to appeal.

3. None of the situations outlined in Horowhenua County v Nash (No 2)[2] justifying the serious step of a Court recalling a judgment formally delivered applies here.

   [2]      Horowhenua County v Nash (No 2) [1968] NZLR 632 at 633.

4. The recall application is a yet further attempt by the applicant to re-argue an issue effectively decided against him by the Supreme Court.

5. The application for recall is dismissed.

Solicitors:
Crown Law Office, Wellington for Respondents