TANYA FELICITY DUNSTAN v CHRISTINA MARGARET RIDDELL [2022] NZSC 67
The recall application was dismissed because it amounted to a re-argument of the prior leave application and did not advance any new grounds or material justifying recall; the Court also exercised its authority to prevent further filings in a matter where no proper basis for further applications was shown.
Source-derived case information.
- Citation
- [2022] NZSC 67
- Parties
- Applicant: Tanya Felicity Dunstan; Respondent: Christina Margaret Riddell
- Court
- Supreme Court
- Jurisdiction
- New Zealand
- Judgment Date
- 26 May 2022
- Procedural Posture
- Application for Recall of Supreme Court Judgment; Prior Application for Leave to Appeal Dismissed / Post Judgment Recall Application
- Outcome
- Application for recall dismissed; Registrar directed not to accept for filing any further applications in relation to this matter.
- Legal Topics
- Recall of Judgment, Leave to Appeal, Procedural Dismissal, Filing Restrictions
Source-derived case record
Summary, issues, holding and outcome
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Parties
Tanya Felicity Dunstan
Applicant
Christina Margaret Riddell
Respondent
Procedural Posture
Application for Recall of Supreme Court Judgment; Prior Application for Leave to Appeal Dismissed / Post Judgment Recall Application
Legal Issues
- 1 Whether the Supreme Court should recall its judgment of 17 May 2022
- 2 Whether the applicant has advanced new grounds or material that would justify recall
- 3 Whether the Registrar should be directed to refuse further filings in the matter
Ratio Decidendi
The recall application was dismissed because it amounted to a re-argument of the prior leave application and did not advance any new grounds or material justifying recall; the Court also exercised its authority to prevent further filings in a matter where no proper basis for further applications was shown.
Court Disposition
Application for recall dismissed; Registrar directed not to accept for filing any further applications in relation to this matter.
Orders
- The application for recall of the Court's judgment of 17 May 2022 is dismissed.
- The Registrar is directed not to accept for filing any further applications in relation to this matter.
Full Case Text
Judgment text and source record
1 paragraphs
TANYA FELICITY DUNSTAN v CHRISTINA MARGARET RIDDELL [2022] NZSC 67 [26 May 2022]IN THE SUPREME COURT OF NEW ZEALANDI TE KŌTI MANA NUI O AOTEAROASC 29/2022[2022] NZSC 67BETWEEN TANYA FELICITY DUNSTANApplicantAND CHRISTINA MARGARET RIDDELLRespondentCourt: Glazebrook, Ellen France and Williams JJCounsel: Applicant in personJudgment: 26 May 2022JUDGMENT OF THE COURTA The application for recall of this Court's judgment of17 May 2022 (Dunstan v Riddell [2022] NZSC 61) isdismissed.B The Registrar is directed not to accept for filing any furtherapplications in relation to this matter.____________________________________________________________________REASONS[1] The applicant seeks recall of our judgment of 17 May 2022 dismissing herapplication for leave to appeal1 from a decision of the Court of Appeal.2 TheCourt of Appeal dismissed an application for review of the Deputy Registrar'sdecision.1 Dunstan v Riddell [2022] NZSC 61.2 Dunstan v Riddell [2022] NZCA 88 (Brown J).[2] The application for recall is in substance primarily an attempt to re-argue theapplication for leave. Nothing has been advanced which would warrant a recall of ourdecision not to grant leave.[3] The application for recall is accordingly dismissed.[4] The Registrar is directed not to accept for filing any further applications inrelation to this matter.