VINCENT ROSS SIEMER v DEPUTY REGISTRAR OF THE COURT OF APPEAL [2014] NZSC 61
The recall application is dismissed because the Court had addressed the legal question sufficiently for the purposes of the leave application, dismissal of leave meant the issue was not determined on the merits, and the recall merely rehashed earlier arguments without establishing a basis for recall.
Source-derived case information.
- Citation
- [2014] NZSC 61
- Parties
- Applicant: Vincent Ross Siemer; Respondent: Deputy Registrar of the Court of Appeal
- Court
- Supreme Court
- Jurisdiction
- New Zealand
- Judgment Date
- 26 May 2014
- Procedural Posture
- Recall/correction Application Following Dismissal of Leave to Appeal / Post‑judgment Recall Application
- Outcome
- Application for recall dismissed
- Legal Topics
- Leave to Appeal, Recall of Judgment, Procedural Finality
Source-derived case record
Summary, issues, holding and outcome
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Parties
Vincent Ross Siemer
Applicant
Deputy Registrar of the Court of Appeal
Respondent
Procedural Posture
Recall/correction Application Following Dismissal of Leave to Appeal / Post‑judgment Recall Application
Legal Issues
- 1 Whether the Supreme Court judgment failed to address the legal question on which leave to appeal was sought
- 2 Whether recall or correction of the Supreme Court judgment was justified
Ratio Decidendi
The recall application is dismissed because the Court had addressed the legal question sufficiently for the purposes of the leave application, dismissal of leave meant the issue was not determined on the merits, and the recall merely rehashed earlier arguments without establishing a basis for recall.
Court Disposition
Application for recall dismissed
Orders
- The application for recall is dismissed.
Full Case Text
Judgment text and source record
1 paragraphs
VINCENT ROSS SIEMER v DEPUTY REGISTRAR OF THE COURT OF APPEAL [2014] NZSC 61 [26 May 2014]IN THE SUPREME COURT OF NEW ZEALANDSC 22/2014[2014] NZSC 61BETWEEN VINCENT ROSS SIEMERApplicantAND DEPUTY REGISTRAR OF THE COURTOF APPEALRespondentCourt: Elias CJ and William Young JCounsel: Applicant in personP J Gunn for RespondentJudgment: 26 May 2014JUDGMENT OF THE COURTThe application for recall is dismissed.____________________________________________________________________REASONS[1] The applicant seeks recall or correction of a judgment of this Court delivered on 1 May 2014 dismissing his application for leave to appeal against a judgment ofO'Regan P.1 The basis of the application is the contention that the judgment "failedto address the legal question on which leave to appeal to the Supreme Court wassought".[2] The judgment at [4] addressed, albeit in slightly different terms, the legal question identified by the applicant. That question was not determined but this is a necessary function of the leave application being dismissed. The recall application is therefore, in substance, simply a reiteration of the argument made in support of the application for leave to appeal.1 Siemer v Deputy Registrar of the Court of Appeal [2014] NZSC 43.[3] The application is accordingly dismissed.Solicitors:Crown Law Office, Wellington for Respondent