FALOON V PALMERSTON NORTH AIRPORT LIMITED CA49/2014 [2014] NZCA 372
The application to recall was dismissed because it impermissibly sought to challenge substantive findings of fact and the issues raised were irrelevant to the legal question of whether special leave to appeal should be granted.
Source-derived case information.
- Citation
- [2014] NZCA 372
- Parties
- Appellant: Clarence John Faloon; Respondent: Palmerston North Airport Limited
- Court
- Court of Appeal
- Jurisdiction
- New Zealand
- Judgment Date
- 6 August 2014
- Procedural Posture
- Application to Recall Judgment; Application for Special Leave to Appeal / Application to Recall (on the Papers)
- Outcome
- Application to recall dismissed
- Legal Topics
- Recall of Judgment, Special Leave to Appeal, Challenge to Findings of Fact, Finality of Judgments
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Clarence John Faloon
Appellant
Palmerston North Airport Limited
Respondent
Procedural Posture
Application to Recall Judgment; Application for Special Leave to Appeal / Application to Recall (on the Papers)
Legal Issues
- 1 Whether this Court should recall its earlier judgment
- 2 Whether an application to recall may be used to challenge substantive findings of fact made in earlier judgments
- 3 Whether the matters raised are relevant to whether the appeal raises a question of law justifying special leave
Ratio Decidendi
The application to recall was dismissed because it impermissibly sought to challenge substantive findings of fact and the issues raised were irrelevant to the legal question of whether special leave to appeal should be granted.
Court Disposition
Application to recall dismissed
Orders
- Application to recall dismissed
- No order as to costs
Full Case Text
Judgment text and source record
1 paragraphs
FALOON V PALMERSTON NORTH AIRPORT LIMITED CA49/2014 [2014] NZCA 372 [6 August 2014]IN THE COURT OF APPEAL OF NEW ZEALANDCA49/2014[2014] NZCA 372BETWEEN CLARENCE JOHN FALOONAppellantAND PALMERSTON NORTH AIRPORTLIMITEDRespondentCourt: Harrison, Wild and French JJCounsel: Applicant in PersonJ W Maassen for RespondentJudgment:(On the papers)6 August 2014 at 10 amJUDGMENT OF THE COURTThe application to recall is dismissed.____________________________________________________________________REASONS OF THE COURT(Given by Harrison J)[1] The appellant, Clarence Faloon, applied on 10 July 2014 to recall a judgment of this Court delivered on 2 July 2014 dismissing his application for special leave to appeal.1[2] We agree with Mr Maassen for the respondent, Palmerston North Airport Ltd, that the application to recall seeks to challenge substantive findings of fact made in earlier judgments and is irrelevant to whether Mr Faloon's appeal raised a question of law justifying special leave being granted.1 Faloon v Palmerston North Airport Ltd [2014] NZCA 291.[3] Mr Faloon's application to recall our judgment is dismissed. There is no order as to costs.Solicitors:Cooper Rapley, Palmerston North for Respondent