CLARENCE JOHN FALOON v PALMERSTON NORTH AIRPORT LIMITED [2013] NZHC 2205
The application to recall the judgment was dismissed because the grounds advanced did not raise any matter relevant under the test established in Horowhenua County v Nash (No. 2).
Source-derived case information.
- Citation
- [2013] NZHC 2205
- Parties
- Appellant: Clarence John Faloon; Respondent: Palmerston North Airport Limited
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 28 August 2013
- Procedural Posture
- Appeal Under the Resource Management Act 1991 / Recall of Judgment
- Outcome
- application to recall judgment dismissed
- Legal Topics
- Recall of Judgment, Appeal From Environment Court
Source-derived case record
Summary, issues, holding and outcome
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Parties
Clarence John Faloon
Appellant
Palmerston North Airport Limited
Respondent
Procedural Posture
Appeal Under the Resource Management Act 1991 / Recall of Judgment
Legal Issues
- 1 Whether the applicant established grounds to recall the judgment under the test in Horowhenua County v Nash (No. 2)
- 2 Whether any newly advanced matter was legally relevant to justify recall
Ratio Decidendi
The application to recall the judgment was dismissed because the grounds advanced did not raise any matter relevant under the test established in Horowhenua County v Nash (No. 2).
Court Disposition
application to recall judgment dismissed
Orders
- Application to recall judgment dismissed
Full Case Text
Judgment text and source record
1 paragraphs
CLARENCE JOHN FALOON v PALMERSTON NORTH AIRPORT LIMITED [2013] NZHC 2205 [28 August 2013]IN THE HIGH COURT OF NEW ZEALANDWELLINGTON REGISTRYCIV-2012-485-2265[2013] NZHC 2205UNDER the Resource Management Act 1991BETWEEN CLARENCE JOHN FALOONAppellantAND PALMERSTON NORTH AIRPORTLIMITEDRespondentHearing: On the papersCounsel: C J Faloon in personJ W Maassen for RespondentJudgment: 28 August 2013JUDGMENT OF WILLIAMS J (RECALL OF JUDGMENT)[1] The appellant has applied to recall my judgment dismissing his appeal against a judgment of the Environment Court. The respondent does not wish to incur further costs and so abides.[2] The grounds advanced raise no matter relevant in terms of the decision of Wild CJ in Horowhenua County v Nash (No. 2).1[3] The application is dismissed.___________________________Williams J1 Horowhenua County v Nash (N0. 2) [1968] NZLR 632.