KEIL V THOMPSON HC NAP CIV-2007-441-303

KEIL V THOMPSON HC NAP CIV-2007-441-303

The application to recall was dismissed because none of the established grounds for recall were satisfied (no relevant statutory change or new authoritative decision, no failure by counsel to draw attention to relevant authority, and no very special reason); the appellant may immediately apply for leave to appeal on...

Source-derived case information.

Citation
openlaw-7b684023_cc34_467a_a86f_1bb25a49a51c.pdf
Parties
Appellant: Herbert William Keil; Respondents: Murray David George Thompson and Shona Averill Thompson
Court
High Court
Jurisdiction
New Zealand
Judgment Date
25 October 2007
Procedural Posture
Appeal From District Court / Application for Recall of Judgment
Outcome
Application to recall judgment dismissed.
Legal Topics
Recall of Judgment, Leave to Appeal, District Court Remittal, Vesting of Land
Civil Procedure Appeals Property Law Recall of Judgment Leave to Appeal District Court Remittal Vesting of Land

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Parties

Herbert William Keil

Appellant

Murray David George Thompson and Shona Averill Thompson

Respondents

Procedural Posture

Appeal From District Court / Application for Recall of Judgment

Legal Issues

  1. 1 Whether the High Court should recall its judgment delivered 12 September 2007
  2. 2 Whether circumstances meet established grounds for recall (statutory amendment/new authoritative decision/oversight/other very special reason)
  3. 3 Whether appellant must wait for remitted District Court issues to be resolved before seeking leave to appeal on the issue of vesting land under the garage

Ratio Decidendi

The application to recall was dismissed because none of the established grounds for recall were satisfied (no relevant statutory change or new authoritative decision, no failure by counsel to draw attention to relevant authority, and no very special reason); the appellant may immediately apply for leave to appeal on the issue of the vesting of land and the existing judgment should remain until altered on appeal.

Court Disposition

Application to recall judgment dismissed.

Orders

  • Application for recall of judgment dismissed.