Vincent Ross Siemer v Official Assignee and Michael Peter Stiassny & Korda Mentha (recall)

Case

[2014] NZSC 60

26 May 2014


IN THE SUPREME COURT OF NEW ZEALAND
SC 21/2014
[2014] NZSC 60
BETWEEN

VINCENT ROSS SIEMER
Applicant

AND

OFFICIAL ASSIGNEE
Respondent

SC 23/2014

BETWEEN

VINCENT ROSS SIEMER
Appellant

AND

MICHAEL PETER STIASSNY AND KORDA MENTHA (FORMERLY FERRIER HODGSON)
Respondent

Court:

Elias CJ and William Young J

Counsel:

Applicant in person
I T F Hikaka and E D Nilsson for Respondent SC 21/2014
M Heard and E D Nilsson for Respondents SC 23/2014

Judgment:

26 May 2014

JUDGMENT OF THE COURT

The application for recall is dismissed.

____________________________________________________________________

REASONS

  1. The applicant seeks a recall of the judgment of this Court delivered on  30 April 2014 dismissing two applications for leave to appeal against three judgments delivered by Wild J in the Court of Appeal.[1]  The complaint is that the Court issued a single judgment dismissing two applications dealing with unrelated respondents and what are said to be unrelated judgments[2] and in the absence of an order consolidating the applications.  No authority was cited for the proposition that it was not open to the Court to act as it did and we are satisfied that there is nothing in the applicant’s complaint which would warrant the recall of the judgment.

    [1]Siemer v Official Assignee [2014] NZSC 42.

    [2]They were unrelated save in respect of some commonality between the challenges advanced by the applicant.

  2. The application to recall the judgment is accordingly dismissed.

Solicitors:
LeeSalmonLong, Auckland for Respondents


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