Terry v McLellan

[2014] NZHC 2280

IN THE HIGH COURT OF NEW ZEALAND GREYMOUTH REGISTRY

CIV2014-418-000013 [2014] NZHC 2280

BETWEEN

ROBERT FRANK TERRY

Appellant

AND

ROSALIND MEGAN McLELLAN Respondent

Hearing:	18 September 2014
Appearances:	Appellant in Person G M Brodie for Respondent M A Elliott for Solicitor-General
Judgment:	19 September 2014

JUDGMENT OF WHATA J

Mr Terry seeks leave to appeal against my judgment delivered on 8 August 2014.1   I have essayed the background to this application for leave in my primary judgment and it is unnecessary for me to repeat it here.  It is quite plain from reading the notice of appeal that Mr Terry seeks simply to re-litigate the matters that he put to me and previously to Gendall J.2   No specific error of law has been identified other than, as I say, to simply repeat the matters that were put to me.  I am not going to burden this judgment with repetition of my reasons for my judgment but I simply state that the appeal has no prospect of success and it does not raise a question of general importance.3 The application for leave is declined.

Solicitors:

Carruthers & Wetherall, Greymouth

Raymond Donnelly & Co, Christchurch

1      Terry v McLellan [2014] NZHC 1861.

2      Terry v McLellan [2013] NZHC 3045.

3      For completeness, Mr Elliot reminded me why it was not necessary to join the Solicitor General, citing earlier decisions of this Court on the same issue – Terry v McLellan [2013] NZHC 3045 and Minute of Dunningham J dated 21 May 2014. I simply observe that both of Mr Terry’s applications for leave to appeal have no merit and there is no proper basis to join the Solicitor General.

TERRY v McLELLAN [2014] NZHC 2280 [19 September 2014]