Walmsley v Aitchison
[2017] NZCA 512
•13 November 2017 at 3.30 pm
| IN THE COURT OF APPEAL OF NEW ZEALAND |
| CA412/2017 [2017] NZCA 512 |
| BETWEEN | HEATHER WALMSLEY, DAVID CULLEN WALMSLEY AND WALMSLEY ENTERPRISES LIMITED |
| AND | PETER AITCHISON AND SYLVIA AITCHISON |
| Court: | French, Winkelmann and Brown JJ |
Counsel: | D C Walmsley in person for Applicants |
Judgment: (On the papers) | 13 November 2017 at 3.30 pm |
JUDGMENT OF THE COURT
The application for recall is declined.
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REASONS OF THE COURT
(Given by Winkelmann J)
Mr Walmsley, one of the applicants in this proceeding, has filed two memoranda dated 7 November 2017 and 9 November 2017 respectively in connection with this Court’s judgment declining leave to bring a second appeal.[1]
[1]Walmsley v Aitchison [2017] NZCA 500.
Mr Walmsley seeks to make further arguments in support of two grounds of appeal that had been proposed: that the issues in the proceeding were novel and that the respondents’ proceeding was unfair because it involved re-litigation of an issue already decided in other proceedings. We treat the memoranda as an application for recall of this Court’s judgment.[2]
[2]Mr Walmsley also seeks “comment” on the judgment. As he anticipates, this Court will not comment on its judgment.
However the material advanced by Mr Walmsley in his memoranda is an attempt to reargue points addressed in this Court’s judgment. He does not therefore make out a ground for recall in accordance with the test established in Horowhenua County v Nash (No 2).[3]
[3]Horowhenua County v Nash (No 2) [1968] NZLR 632 (SC) at 633.
The application for recall is declined.
Solicitors:
Brookfields, Wellington for Respondents
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