AN APPLICATION BY MALCOLM EDWARD RABSON [2017] NZSC 41
The application was dismissed because it did not present any new matter or legal error warranting reconsideration and the applicant lacked standing; consequently the Court has no jurisdiction to grant the relief sought.
Source-derived case information.
- Citation
- [2017] NZSC 41
- Parties
- Applicant: Malcolm Edward Rabson; Respondent: Supreme Court of New Zealand
- Court
- Supreme Court
- Jurisdiction
- New Zealand
- Judgment Date
- 5 April 2017
- Procedural Posture
- Application for Recall of Judgment / Decision on Recall Application (dismissed)
- Outcome
- Application for recall dismissed
- Legal Topics
- Recall of Judgment, Standing, Jurisdiction, Case Management and Filing Restrictions
Source-derived case record
Summary, issues, holding and outcome
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Parties
Malcolm Edward Rabson
Applicant
Supreme Court of New Zealand
Respondent
Procedural Posture
Application for Recall of Judgment / Decision on Recall Application (dismissed)
Legal Issues
- 1 Whether the applicant established grounds to recall this Court's judgment
- 2 Whether the applicant had standing to seek recall of the Erceg judgment
- 3 Whether the Court had jurisdiction to grant the relief sought
Ratio Decidendi
The application was dismissed because it did not present any new matter or legal error warranting reconsideration and the applicant lacked standing; consequently the Court has no jurisdiction to grant the relief sought.
Court Disposition
Application for recall dismissed
Orders
- Application for recall dismissed
- Registrar directed to refuse to accept for filing any further applications from the applicant in relation to this matter
Full Case Text
Judgment text and source record
1 paragraphs
AN APPLICATION BY MALCOLM EDWARD RABSON [2017] NZSC 41 [5 April 2017]IN THE SUPREME COURT OF NEW ZEALANDSC MA 13/2016[2017] NZSC 41IN THE MATTER OF AN APPLICATION BY MALCOLMEDWARD RABSONApplicantCourt: Elias CJ, William Young, Glazebrook, OʼRegan and EllenFrance JJCounsel: M E Rabson in personJudgment: 5 April 2017JUDGMENT OF THE COURTThe application for recall of judgment is dismissed.____________________________________________________________________REASONS[1] The applicant seeks a recall of this Court's judgment dismissing his application for review of a decision of Arnold J by minute of 19 December 2016.1 In that minute, Arnold J dealt with an application by Mr Rabson for recall of thisCourt's judgment in Erceg v Erceg.2 Arnold J ruled that the applicant had no standing to seek recall of the Erceg judgment. The Court dismissed the application for review for want of jurisdiction.[2] The application for recall raises no matter that provides any basis for reconsideration of the judgment. The statement in the judgment that the Court does not have jurisdiction means what it says.1 Re an application by Rabson [2017] NZSC 19.2 Erceg v Erceg [2016] NZSC 135.[3] The application for recall is therefore dismissed.[4] We direct the Registrar to refuse to accept for filing any further applications from the applicant in relation to this matter.