New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Procedural grounds

Legal area

Court

24 Jun 2016

MALCOLM EDWARD RABSON v WAYNE SEYMOUR CHAPMAN [2016] NZSC 77

Citation

[2016] NZSC 77
Court

Supreme Court

The recall application was dismissed because it merely reiterated grounds already advanced in the earlier leave application and did not introduce any new material or argument to warrant recall.
10 Jun 2010

CLARENCE JOHN FALOON AND ANOR V THE COMMISSIONER OF INLAND REVENUE CA680/2009

Citation

openlaw-24391dd8_4971_48d4_a312_e16e40c36764.pdf
Court

Court of Appeal

The application for recall was declined because the applicants sought recall on the basis of insufficient factual background in the judgment, which does not meet the limited permissible grounds for recall (accidental slip/omission or new law); the application was effectively an attempt to relitigate substantive findings and so must be refused.