DWAYNE RUSSELL WARAKIHI MAAKA SMYTH_x001e_DAVOREN v DAVID PARKER [2019] NZSC 70 [8 July 2019]
The applications to recall were dismissed because nothing new was put forward that would justify recalling the leave judgments; the matters raised merely re-argued points already considered by the Court, so there are no grounds for recall.
Source-derived case information.
- Citation
- [2019] NZSC 70
- Parties
- Applicant: DWAYNE RUSSELL WARAKIHI MAAKA SMYTH-DAVOREN; First Respondent: DAVID PARKER; Second Respondent: JACINDA ARDERN; Third Respondent: ANDREW LITTLE; Respondent: ELIZABETH II ALEXANDRA MARY MOUNTBATTEN (BORN WINDSOR)
- Court
- Supreme Court
- Jurisdiction
- New Zealand
- Judgment Date
- 8 July 2019
- Procedural Posture
- Application to Recall Leave Judgments / Recall Application Decided by Supreme Court
- Outcome
- Applications to recall dismissed.
- Legal Topics
- Recall of Judgment, Leave to Appeal, Finality of Proceedings
Source-derived case record
Summary, issues, holding and outcome
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Parties
DWAYNE RUSSELL WARAKIHI MAAKA SMYTH-DAVOREN
Applicant
DAVID PARKER
First Respondent
JACINDA ARDERN
Second Respondent
ANDREW LITTLE
Third Respondent
ELIZABETH II ALEXANDRA MARY MOUNTBATTEN (BORN WINDSOR)
Respondent
Procedural Posture
Application to Recall Leave Judgments / Recall Application Decided by Supreme Court
Legal Issues
- 1 Whether the Supreme Court's leave judgments should be recalled
- 2 Whether the applicant has produced fresh grounds or error sufficient to justify recall
- 3 Whether the applicant is impermissibly re-arguing matters already considered
Ratio Decidendi
The applications to recall were dismissed because nothing new was put forward that would justify recalling the leave judgments; the matters raised merely re-argued points already considered by the Court, so there are no grounds for recall.
Court Disposition
Applications to recall dismissed.
Orders
- Applications for recall of the leave judgments dismissed.
- Registrar directed to reject any further applications to review or recall the leave judgments.
Full Case Text
Judgment text and source record
1 paragraphs
DWAYNE RUSSELL WARAKIHI MAAKA SMYTH-DAVOREN v DAVID PARKER [2019] NZSC 70[8 July 2019]IN THE SUPREME COURT OF NEW ZEALANDI TE KŌTI MANA NUISC 47/2019[2019] NZSC 70BETWEEN DWAYNE RUSSELL WARAKIHI MAAKASMYTH-DAVORENApplicantAND DAVID PARKERFirst RespondentJACINDA ARDERNSecond RespondentANDREW LITTLEThird RespondentSC 48/2019BETWEEN DWAYNE RUSSELL WARAKIHI MAAKASMYTH-DAVORENApplicantAND ELIZABETH II ALEXANDRA MARYMOUNTBATTEN (BORN WINDSOR)RespondentCourt: Glazebrook, O'Regan and Ellen France JJCounsel: Applicant in personV McCall for RespondentsJudgment: 8 July 2019JUDGMENT OF THE COURTThe applications for recall of this Court's judgments inSmyth-Davoren v Parker [2019] NZSC 66 and inSmyth-Davoren v Mountbatten [2019] NZSC 67 are dismissed.____________________________________________________________________REASONS[1] Mr Smyth-Davoren has applied for reviews of this Court's judgments inSmyth-Davoren v Parker1 and in Smyth-Davoren v Mountbatten2 (the leavejudgments). In these judgments the Court dismissed Mr Smyth-Davoren'sapplications for leave to appeal. We have treated the applications for review asapplications to recall the leave judgments.[2] Nothing has been put forward by Mr Smyth-Davoren which would warrant arecall of the leave judgments. At best, the matters raised by Mr Smyth-Davorenattempt to re-argue his applications for leave. The Court had considered thesubmissions that were made by Mr Smyth-Davoren in relation to those applications.There are no grounds to recall the leave judgments and the applications are thereforedismissed.[3] We direct the Registrar to reject any further applications to review or recall theleave judgments.Solicitors:Crown Law Office, Wellington for Respondents1 Smyth-Davoren v Parker [2019] NZSC 66.2 Smyth-Davoren v Mountbatten [2019] NZSC 67.