Smith v Plowman

[2022] NZCA 247

IN THE COURT OF APPEAL OF NEW ZEALAND

I TE KŌTI PĪRA O AOTEAROA

 CA703/2021
 [2022] NZCA 247

BETWEEN	DENNIS ARTHUR SMITH Applicant
AND	IAN JAMES PLOWMAN First Respondent
AND	NIKAU GROVE NURSERY LIMITED Second Respondent
AND	HELEN IRENE MITCHELL Third Respondent

Court:	Miller and Dobson JJ
Counsel:	Applicant in person W E Andrews for Respondents
Judgment: (On the papers)	14 June 2022 at 11.00 am

JUDGMENT OF THE COURT

The application for recall of this Court’s judgment of 9 May 2022 (Smith v Plowman [2022] NZCA 170) is declined.

____________________________________________________________________

REASONS OF THE COURT

(Given by Miller J)

1. Mr Smith has applied for recall of our judgment of 9 May 2022.  For reasons given there we decided that his application for leave to appeal raised no issue warranting the attention of this Court.[1]

   [1]Smith v Plowman [2022] NZCA 170.

2. The application is an attempt to relitigate the merits of our decision.  For that reason it is an abuse of the recall jurisdiction.

3. The application is declined accordingly.  The Registrar may not receive any further recall applications from Mr Smith in connection with his application for leave to appeal.

Solicitors:
Vodanovich Law, Auckland for Respondents