Vincent Ross Siemer v Kevin Stanley Brown

[2015] NZSC 126

IN THE SUPREME COURT OF NEW ZEALAND

SC 48/2015
[2015] NZSC 126

BETWEEN	VINCENT ROSS SIEMER AND JANE DINSDALE SIEMER Applicants
AND	KEVIN STANLEY BROWN & ORS Respondents

Court:	Elias CJ, Glazebrook and O'Regan JJ
Counsel:	V R Siemer in person A M Powell and E J Devine for First to Fourteenth Respondents V E Casey for Fifteenth Respondent
Judgment:	13 August 2015

JUDGMENT OF THE COURT 

The application for recall is dismissed.

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REASONS

1. The applicants apply for the recall of this Court’s judgment in Siemer v Brown.[1]  That judgment dealt with the applicants’ application for leave to appeal against the judgment of Wild J in the Court of Appeal.[2]  In that decision, Wild J upheld a decision of the Registrar of that Court to refuse to accept for filing an application for review by a panel of three Judges of a decision made by Wild J upholding a decision of the Registrar to refuse to dispense with security for costs in relation to an appeal to the Court of Appeal.[3]

   [1]Siemer v Brown [2015] NZSC 102.

   [2]Siemer v Brown [2015] NZCA 161 (Wild J).

   [3]Siemer v Brown [2015] NZCA 69 (Wild J).

2. In this Court’s judgment, it noted the clear authority arising from a decision of this Court involving the first‑named applicant that there is no such right of review.[4]  Wild J simply applied that authority.  This Court also noted that the applicants’ attempt to file an application for review by three Court of Appeal Judges was an abuse of that Court’s process.  The attempt to file an application for review of the Registrar’s decision to refuse to accept for filing the purported application for review by three Judges aggravated that abuse of process.

   [4]Siemer v Stiassny [2013] NZSC 11.

3. The application for recall of this Court’s judgment raises no matter of relevance, let alone any new matter requiring consideration.  It, too, is an abuse of process. 

4. The application for recall is therefore dismissed.

Solicitors:
Crown Law Office, Wellington for Respondents.