Kaye v Norris Ward McKinnon [2021] NZCA 247 (11 June 2021)

Last Updated: 15 June 2021

IN THE COURT OF APPEAL OF NEW ZEALAND I TE KŌTI PĪRA O AOTEAROA

CA333/2015 [2021] NZCA 247

	BETWEEN	ANTHONY PRATT KAYE AND MORVA KAYE Applicants
	AND	NORRIS WARD MCKINNON Respondent

Court:	Miller and Collins JJ
Counsel:	Applicants in person M J Dennett for Respondent
Judgment: (On the papers)	11 June 2021 at 2.00 pm

JUDGMENT OF THE COURT
(On Second Recall Application)

The application is declined. The Registrar is to receive no further papers from the applicants in connection with this proceeding.
____________________________________________________________________

REASONS OF THE COURT

(Given by Miller J)

• [1] By judgment dated 6 August 2020 we dismissed a recall application in this appeal.^[1] The applicants responded with a second recall application, dated 24 August 2020.
• [2] A second recall application is usually an abuse of process, and this one is no exception. Mr Kaye is simply seeking to relitigate previous decisions. For that reason, the application is declined. There will be no order as to costs.
• [3] The Registrar is to receive no further papers from the applicants in connection with this proceeding.

Solicitors:
Kennedys, Auckland for Respondent

---

^[1] ANTHONY PRATT KAYE & ANOR v NORRIS WARD MCKINNON [2020] NZCA 333.