MALCOLM EDWARD RABSON v REGISTRAR OF THE SUPREME COURT [2015] NZSC 123

MALCOLM EDWARD RABSON v REGISTRAR OF THE SUPREME COURT [2015] NZSC 123

The recall application was dismissed because it attempted to relitigate a point the Court had already decided and the applicant provided no new grounds or error warranting recall.

Source-derived case information.

Citation
[2015] NZSC 123
Parties
Applicant: Malcolm Edward Rabson; First Respondent: Registrar of the Supreme Court; Second Respondent: Ministry of Justice
Court
Supreme Court
Jurisdiction
New Zealand
Judgment Date
4 August 2015
Procedural Posture
Application for Recall of Supreme Court Decision Dismissing Leave to Appeal / Decision on Recall Application
Outcome
Application for recall dismissed
Legal Topics
Recall of Judgment, Leave to Appeal, Relitigation / Res Judicata, Dispensing With Security for Costs
Civil Procedure Appeal Security for Costs Recall of Judgment Leave to Appeal Relitigation / Res Judicata Dispensing With Security for Costs

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

Malcolm Edward Rabson

Applicant

Registrar of the Supreme Court

First Respondent

Ministry of Justice

Second Respondent

Procedural Posture

Application for Recall of Supreme Court Decision Dismissing Leave to Appeal / Decision on Recall Application

Legal Issues

  1. 1 Whether there were grounds to recall the Court's decision
  2. 2 Whether the applicant may relitigate a point already decided by the Court
  3. 3 Whether the refusal to dispense with security for costs was properly upheld

Ratio Decidendi

The recall application was dismissed because it attempted to relitigate a point the Court had already decided and the applicant provided no new grounds or error warranting recall.

Court Disposition

Application for recall dismissed

Orders

  • Application for recall dismissed