Vincent Ross Siemer v Deputy Registrar of the Court of Appeal (Recall)

[2014] NZSC 61

IN THE SUPREME COURT OF NEW ZEALAND

SC 22/2014
[2014] NZSC 61

BETWEEN	VINCENT ROSS SIEMER Applicant
AND	DEPUTY REGISTRAR OF THE COURT OF APPEAL Respondent

Court:	Elias CJ and William Young J
Counsel:	Applicant in person P J Gunn for Respondent
Judgment:	26 May 2014

JUDGMENT OF THE COURT

The application for recall is dismissed.

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REASONS

1. The applicant seeks recall or correction of a judgment of this Court delivered on 1 May 2014 dismissing his application for leave to appeal against a judgment of O’Regan P.[1]  The basis of the application is the contention that the judgment “failed to address the legal question on which leave to appeal to the Supreme Court was sought”. 

   [1]Siemer v Deputy Registrar of the Court of Appeal [2014] NZSC 43.

2. The judgment at [4] addressed, albeit in slightly different terms, the legal question identified by the applicant.  That question was not determined but this is a necessary function of the leave application being dismissed.  The recall application is therefore, in substance, simply a reiteration of the argument made in support of the application for leave to appeal.

3. The application is accordingly dismissed.

Solicitors:
Crown Law Office, Wellington for Respondent