23 Nov 2018
WALMSLEY ENTERPRISES LIMITED & ORS v AITCHISON [2018] NZHC 3071
- Citation
- [2018] NZHC 3071
- Court
- High Court
Recall dismissed because applicant mischaracterised the prior judgment; the impugned paragraphs accurately summarised the Environment Court's findings on jurisdictional issue under s 319(2)(b); the recall power is narrowly circumscribed and cannot be used to relitigate or recast arguments that should have been or were already considered; prior refusals to grant leave to appeal reinforce the need for finality.