VINCENT SIEMER v NEW ZEALAND COURT OF APPEAL [2014] NZSC 84

VINCENT SIEMER v NEW ZEALAND COURT OF APPEAL [2014] NZSC 84

The recall application was dismissed because it did not raise any matter not already addressed by the Court and therefore did not meet the threshold for recalling the Court's earlier judgment.

Citation
[2014] NZSC 84
Parties
Applicant: Vincent Siemer; First Respondent: New Zealand Court of Appeal; Second Respondent: Attorney-General
Court
Supreme Court
Jurisdiction
New Zealand
Judgment Date
4 July 2014
Procedural Posture
Recall of Judgment Application / Decision on Recall Application (dismissed)
Outcome
Recall application dismissed
Legal Topics
Recall of Judgment, Leave to Appeal, Dismissal
Civil Procedure Appeal Supreme Court Practice Recall of Judgment Leave to Appeal Dismissal

Case Brief

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Parties

Vincent Siemer

Applicant

New Zealand Court of Appeal

First Respondent

Attorney-General

Second Respondent

Procedural Posture

Recall of Judgment Application / Decision on Recall Application (dismissed)

Legal Issues

  1. 1 Whether the Supreme Court should recall its judgment delivered 11 June 2014 dismissing leave to appeal
  2. 2 Whether the recall application raises any matter not previously addressed

Ratio Decidendi

The recall application was dismissed because it did not raise any matter not already addressed by the Court and therefore did not meet the threshold for recalling the Court's earlier judgment.

Court Disposition

Recall application dismissed

Orders

  • The recall application is dismissed.