JOHN KENNETH SLAVICH v THE JUDGES OF THE SUPREME COURT [2015] NZSC 151
The recall application was dismissed because the nullity argument had already been expressly considered and rejected in the Court's earlier review decision, the argument was irrelevant to the Court's jurisdiction to grant leave (the Court cannot grant leave in contradiction of s88B of the Judicature Act 1908), and...
Source-derived case information.
- Citation
- [2015] NZSC 151
- Parties
- Applicant: John Kenneth Slavich; Respondent: The Judges of the Supreme Court
- Court
- Supreme Court
- Jurisdiction
- New Zealand
- Judgment Date
- 22 October 2015
- Procedural Posture
- Application for Recall of Supreme Court Judgment Following Review Application / Supreme Court, Application for Recall Dismissed
- Outcome
- Application for recall dismissed
- Legal Topics
- Recall of Judgment, Review Under S28(3) Supreme Court Act 2003, Leave to Appeal, Vexatious Litigant Orders, Jurisdictional Limits, Abuse of Process
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Kenneth Slavich
Applicant
The Judges of the Supreme Court
Respondent
Procedural Posture
Application for Recall of Supreme Court Judgment Following Review Application / Supreme Court, Application for Recall Dismissed
Legal Issues
- 1 Whether the Supreme Court should recall its 1 September 2015 judgment
- 2 Whether the High Court order declaring the applicant a vexatious litigant under s88B Judicature Act 1908 is a legal nullity
- 3 Whether the Supreme Court has jurisdiction to grant leave in contradiction of s88B
Ratio Decidendi
The recall application was dismissed because the nullity argument had already been expressly considered and rejected in the Court's earlier review decision, the argument was irrelevant to the Court's jurisdiction to grant leave (the Court cannot grant leave in contradiction of s88B of the Judicature Act 1908), and the application constituted an abuse of process insofar as it continued attempts to subvert the High Court order declaring the applicant a vexatious litigant.
Court Disposition
Application for recall dismissed
Orders
- The application for recall is dismissed.
Full Case Text
Judgment text and source record
1 paragraphs
JOHN KENNETH SLAVICH v THE JUDGES OF THE SUPREME COURT [2015] NZSC 151 [22 October 2015]IN THE SUPREME COURT OF NEW ZEALAND[2015] NZSC 151BETWEEN JOHN KENNETH SLAVICHApplicantAND THE JUDGES OF THE SUPREMECOURTRespondentCourt: Elias CJ, William Young, Glazebrook, Arnold and O'Regan JJCounsel: Applicant in personJudgment: 22 October 2015JUDGMENT OF THE COURTThe application for recall is dismissed.____________________________________________________________________REASONSBackground[1] Mr Slavich applies for a recall of this Court's judgment in Slavich v The Judges of the Supreme Court delivered on 1 September 2015.1[2] That judgment dismissed an application for review, pursuant to s 28(3) of the Supreme Court Act 2003, of a decision of William Young J, which in turn dismissed an application for review of a decision of the Supreme Court Registrar under s 28(2) of the Supreme Court Act.21 Slavich v The Judges of the Supreme Court [2015] NZSC 130 (Elias CJ, William Young,Glazebrook, Arnold and O'Regan JJ).2 Slavich v The Judges of the Supreme Court [2015] NZSC 125.[3] Mr Slavich submits that the Court's decision dated 1 September 2015 shouldbe recalled because it did not deal with the contention that the High Court decision declaring Mr Slavich a vexatious litigant is, according to Mr Slavich, a legal"nullity".Disposition[4] The submission is not correct. The argument that the High Court judgment declaring Mr Slavich a vexatious litigant under s 88B of the Judicature Act 1908 is a"nullity" was explicitly acknowledged and rejected in our review decision.3 In anyevent, it was not relevant to the question of this Court's jurisdiction to deal withMr Slavich's application for leave to appeal.4 As William Young J correctly stated, and as we confirmed in our review decision, this Court does not have power to grantleave in "contradiction" of s 88B of the Judicature Act.[5] To the extent that the application for recall appears to be part of a continuing attempt by Mr Slavich to subvert the High Court order declaring him a vexatious litigant, it is also an abuse of process.[6] The application for recall is therefore dismissed.3 Slavich v The Judges of the Supreme Court, above n 1, at [3]–[4].4 At [4].