DAVID SIMON BARTON v R [2020] NZSC 87
The recall application was dismissed because the applicant failed to establish any of the limited grounds permitting recall: there was no legislative amendment or new controlling case law, no failure by counsel to draw attention to relevant law, and no other very special reason; many issues had been considered and...
Source-derived case information.
- Citation
- [2020] NZSC 87
- Parties
- Applicant: David Simon Barton; Respondent: The Queen
- Court
- Supreme Court
- Jurisdiction
- New Zealand
- Judgment Date
- 31 August 2020
- Procedural Posture
- Application for Recall of Supreme Court Judgment Following Dismissal of Leave to Appeal / Recall Application After Dismissal of Leave to Appeal (judgment of 21 August 2020)
- Outcome
- Application for recall dismissed
- Legal Topics
- Recall of Judgment, Leave to Appeal, Finality of Judgments, Grounds for Recall
Source-derived case record
Summary, issues, holding and outcome
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Parties
David Simon Barton
Applicant
The Queen
Respondent
Procedural Posture
Application for Recall of Supreme Court Judgment Following Dismissal of Leave to Appeal / Recall Application After Dismissal of Leave to Appeal (judgment of 21 August 2020)
Legal Issues
- 1 Whether the Supreme Court's judgment of 21 August 2020 should be recalled
- 2 Whether legislative amendment or new high‑authority case law justifies recall
- 3 Whether failure to draw attention to relevant statutory provision or case law or other very special reason exists
Ratio Decidendi
The recall application was dismissed because the applicant failed to establish any of the limited grounds permitting recall: there was no legislative amendment or new controlling case law, no failure by counsel to draw attention to relevant law, and no other very special reason; many issues had been considered and could have been raised earlier.
Court Disposition
Application for recall dismissed
Orders
- Application for recall of the Court's judgment of 21 August 2020 dismissed.
Full Case Text
Judgment text and source record
1 paragraphs
DAVID SIMON BARTON v R [2020] NZSC 87 [31 August 2020]IN THE SUPREME COURT OF NEW ZEALANDI TE KŌTI MANA NUISC 13/2020[2020] NZSC 87BETWEEN DAVID SIMON BARTONApplicantAND THE QUEENRespondentCourt: Glazebrook, Ellen France and Williams JJCounsel: Applicant in personJudgment: 31 August 2020JUDGMENT OF THE COURTThe application for recall of this Court's judgment of 21 August2020 (Barton v R [2020] NZSC 84) is dismissed.____________________________________________________________________REASONS[1] On 21 August 2020 this Court dismissed Mr Barton's application for leave toappeal.1 He applies for a recall of that judgment.2[2] The general rule is that a judgment, once delivered, must stand for better orworse.3 There are, however, three categories of cases where a judgment may berecalled: a legislative amendment or a new development in case law of "highauthority"; a failure by counsel to draw attention to a relevant statutory provision or1 Barton v R [2020] NZSC 84 (Glazebrook, Ellen France and Williams JJ).2 The recall application has been dealt with by the panel who sat on the leave application and so ithas not been placed before Winkelmann CJ as requested.3 Horowhenua County v Nash (No 2) [1968] NZLR 632 (SC) at 633; see as cited in Craig v Williams[2019] NZSC 60 at [10].caselaw; or "where for some other very special reason justice requires that thejudgment be recalled".4[3] Most of the matters Mr Barton seeks to raise have already been considered andrejected by the Court. To the extent that is not the case, they are matters that couldhave been raised earlier. None of the grounds for recall are made out.[4] The application for recall of our judgment of 21 August 2020 is thereforedismissed.4 Saxmere Company Ltd v Wool Board Disestablishment Company Ltd (No 2) [2009] NZSC 122,[2010] 1 NZLR 76 at [2]; Green Growth No 2 Ltd v Queen Elizabeth the Second National Trust[2018] NZSC 115 at [20]; and Craig v Williams, above n 3, at [10].