Whittington v UDC Finance Limited

[2021] NZSC 113

IN THE SUPREME COURT OF NEW ZEALAND

I TE KŌTI MANA NUI

 SC 92/2021
 [2021] NZSC 113

BETWEEN	MARK ANTHONY WHITTINGTON Applicant
AND	UDC FINANCE LIMITED Respondent

Court:	William Young, Ellen France and Williams JJ
Counsel:	Applicant in person
Judgment:	10 September 2021

JUDGMENT OF THE COURT

AThe application for recall of this Court’s judgment of 27 August 2021 (Whittington v UDC Finance Ltd [2021] NZSC 106) is dismissed.

B        The application to adduce evidence is dismissed.

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REASONS

1. The applicant seeks recall of our judgment of 27 August 2021 declining to grant a stay of his bankruptcy adjudication.[1]  He also seeks leave to adduce a range of materials in support of his application.

   [1]Whittington v UDC Finance Ltd [2021] NZSC 106.

2. The basis on which the recall application is made appears to be that for some very special reason, justice requires the judgment declining a stay to be recalled.[2]  Nothing has been advanced in either the original or amended applications which would warrant a recall of our decision not to grant a stay.  Nor do the further materials on which the applicant seeks to rely meet the established guidelines for admissibility in terms of r 40 of the Supreme Court Rules 2004.[3]

   [2]Saxmere Co Ltd v Wool Board Disestablishment Co Ltd (No 2) [2009] NZSC 122, [2010] 1 NZLR 76 at [2], citing Horowhenua County v Nash (No 2) [1968] NZLR 632 (SC) at 633. See also Craig v Williams [2019] NZSC 60 at [10].

   [3]Airwork (NZ) Ltd v Vertical Flight Management Ltd [1999] 1 NZLR 641 (CA) at 649–650, endorsed in Paper Reclaim Ltd v Aotearoa International Ltd (Further Evidence) (No 2) [2007] NZSC 1, [2007] 2 NZLR 124 at [16].

3. The application for recall is dismissed.  The application to adduce evidence is dismissed.