Vincent Ross Siemer v Deputy Registrar of the Supreme Court of New Zealand

Case [2021] NZSC 17


IN THE SUPREME COURT OF NEW ZEALAND

I TE KŌTI MANA NUI

 SC 101/2020
 [2021] NZSC 17
BETWEEN

VINCENT ROSS SIEMER
Applicant

AND

DEPUTY REGISTRAR OF THE SUPREME COURT OF NEW ZEALAND
Respondent

Court:

Glazebrook, O’Regan and Ellen France JJ

Counsel:

Applicant in person

Judgment:

4 March 2021

JUDGMENT OF THE COURT

The application for recall of this Court’s recall judgment of 11 February 2021 (Siemer v Deputy Registrar of the Supreme Court of New Zealand [2021] NZSC 3) is dismissed.

____________________________________________________________________

REASONS

  1. The applicant applied for the recall of this Court’s judgment of 27 November 2020 (the original judgment), in which his application for review of the decision of the Deputy Registrar was dismissed and his application for directions was also dismissed.[1]

    [1]Siemer v Deputy Registrar of the Supreme Court of New Zealand [2020] NZSC 135.

  2. The application for recall was dismissed in a judgment issued on 11 February 2021 (the recall judgment).[2]

  3. The applicant has now filed a document headed “Application for Recall of Judgment or Clarification Under the Slip and Ommission [sic] Rule” in which he seeks the recall of the recall judgment. 

  4. The application discloses no proper basis for recall of the recall judgment, applying the well-known test recently summarised by this Court in Craig v Williams.[3]

  5. The application for recall of the recall judgment is therefore dismissed. 

  6. We direct the Registrar to reject any further applications or other documents relating to the original judgment, the recall judgment or this judgment.


Details
AGLC
Vincent Ross Siemer v Deputy Registrar of the Supreme Court of New Zealand [2021] NZSC 17
Case
[2021] NZSC 17
Decision Date

CaseChat Overview and Summary

Vincent Ross Siemer filed an application against the Deputy Registrar of the Supreme Court of New Zealand, seeking recall of the Court's previous judgments. The original application, filed on 27 November 2020, sought a review of the Deputy Registrar's decision and directions, but was dismissed. An appeal against the dismissal of this application was also unsuccessful, with the Court dismissing the application for recall on 11 February 2021. Siemer subsequently filed another document requesting the recall of the 11 February judgment.

The court was required to determine whether Siemer's application for recall of the 11 February judgment had merit. The legal issue centred on whether there was a proper basis for recalling the earlier judgment, as per the well-known test outlined in Craig v Williams. The court applied this test to assess Siemer's application.

The court held that Siemer's application for recall of the 11 February judgment did not meet the criteria for recall as outlined in Craig v Williams. The court noted that Siemer had failed to demonstrate any error in the earlier judgment that warranted recall. Therefore, the application for recall was dismissed. Additionally, the court directed the Registrar to reject any further applications or documents related to the original judgment, the recall judgment, or the current judgment.

No further orders were made in this case. The court's decision effectively closed the matter, barring any further applications regarding the original judgment and its subsequent recalls.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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