CRESER v CRESER [2015] NZCA 416
The application is dismissed because the Court is not satisfied a Judge has jurisdiction to review the Registrar's decision and, on the assumption jurisdiction exists, the Registrar did not err: the lodged documents did not constitute an application or appeal under the Court of Appeal (Civil) Rules 2005, and the...
Source-derived case information.
- Citation
- [2015] NZCA 416
- Parties
- Applicant: Richard John Creser; Respondent: Janine Michelle Creser
- Court
- Court of Appeal
- Jurisdiction
- New Zealand
- Judgment Date
- 4 September 2015
- Procedural Posture
- Application to Review Registrar's Decision / On the Papers (final Judgment)
- Outcome
- Application to review the Registrar's decision dismissed
- Legal Topics
- Registrar Decision, Filing of Documents, Leave to Appeal, Amendment of Court Decision, Jurisdictional Review
Source-derived case record
Summary, issues, holding and outcome
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Parties
Richard John Creser
Applicant
Janine Michelle Creser
Respondent
Procedural Posture
Application to Review Registrar's Decision / On the Papers (final Judgment)
Legal Issues
- 1 Whether a Judge of the Court of Appeal has jurisdiction to review the Registrar's decision to refuse filing documents
- 2 Whether the Registrar erred in refusing to accept documents that purported to be an application or appeal under the Court of Appeal (Civil) Rules 2005
- 3 Whether the Registrar has power to amend or interfere with a formal decision of the Court of Appeal
Ratio Decidendi
The application is dismissed because the Court is not satisfied a Judge has jurisdiction to review the Registrar's decision and, on the assumption jurisdiction exists, the Registrar did not err: the lodged documents did not constitute an application or appeal under the Court of Appeal (Civil) Rules 2005, and the Registrar lacks power to amend the Court's formal 8 October 2003 decision.
Court Disposition
Application to review the Registrar's decision dismissed
Orders
- The application to review the Registrar's decision is dismissed
Full Case Text
Judgment text and source record
1 paragraphs
DRAFTCRESER v CRESER [2015] NZCA 416 [4 September 2015]IN THE COURT OF APPEAL OF NEW ZEALANDCA193/2003[2015] NZCA 416BETWEEN RICHARD JOHN CRESERApplicantAND JANINE MICHELLE CRESERRespondentCounsel: Applicant in PersonR Chapman for RespondentJudgment:(On the papers)4 September 2015JUDGMENT OF HARRISON JThe application to review the Registrar's decision is dismissed.____________________________________________________________________REASONS[1] Richard Creser applies to review decisions of the Registrar on 12 August 2015, refusing, first, to accept for filing in this court various documents lodged by Mr Creser (compendiously described as a "Notice of Fraud Upon the Court") and,second, to amend this Court's decision delivered on 8 October 2003 dismissing his application for special leave to appeal out of time. An application for leave to appeal from that judgment, apparently filed out of time, was dismissed by the Privy Council on 10 June 2015.[2] I am not satisfied that a Judge of this Court has jurisdiction to review theRegistrar's decision to reject the documents. However, on the assumption thatjurisdiction exists, I am not satisfied that the Registrar erred. The documents filed by Mr Creser in this Court do not constitute an application or appeal as defined by the Court of Appeal (Civil) Rules 2005.[3] Also, I record what is obvious: the Registrar has no power to amend or otherwise interfere with the formal decision of this Court made on 8 October 2003.[4] The application to review the Registrar's decision is dismissed.Solicitors:Johnston Lawrence, Wellington for Respondent