Siemer v Auckland High Court [2021] NZCA 550 (20 October 2021)

Last Updated: 28 October 2021

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

CA680/2020 [2021] NZCA 550

	BETWEEN	VINCENT ROSS SIEMER Appellant
	AND	AUCKLAND HIGH COURT First Respondent MATTHEW SIMON RUSSELL PALMER Second Respondent

Court:	French, Brown and Courtney JJ
Counsel:	Appellant in person
Judgment: (On the papers)	20 October 2021 at 9 am

JUDGMENT OF THE COURT

The application for a recall of this Court’s judgment of 24 September 2021 (Siemer v Auckland High Court [2021] NZCA 487) and correction under the slip rule is declined.
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REASONS OF THE COURT

(Given by French J)

• [1] On 24 September 2021 we delivered a judgment^[1] striking out the appellant’s appeal under r 44A(1)(c) of the Court of Appeal (Civil) Rules 2005.^[2]
• [2] In holding that the appeal was an abuse of process, we found it was an attempt to open a pathway to again challenge an observation made by Palmer J in a minute and was therefore a collateral attack on an earlier decision of this Court striking out his appeal against that minute.^[3]
• [3] Mr Siemer has now applied for a recall of the judgment and correction under the slip rule on the grounds that this appeal had nothing to do with a minute by Palmer J.
• [4] That assertion is disingenuous having regard to the proceeding in the High Court, the subject matter of the decision under appeal and the notice of appeal.
• [5] There are no grounds for recall,^[4] or for correction under the slip rule,^[5] and the application is accordingly declined.

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^[1] Siemer v Auckland High Court [2021] NZCA 487.

^[2] Under this rule, the Court has the power of its own initiative to strike out an appeal if the appeal is frivolous, vexatious or otherwise an abuse of the process of the Court.

^[3] Re Siemer [2020] NZCA 393.

^[4] Saxmere Co Ltd v Wool Board Disestablishment Co Ltd (No 2) [2009] NZSC 122, [2010] 1 NZLR 76 at [2], citing Horowhenua County v Nash (No 2) [1968] NZLR 632 (SC) at 633.

^[5] Court of Appeal (Civil) Rules 2005, r 8.