Smith v Plowman [2022] NZCA 247 (14 June 2022)

Last Updated: 24 June 2022

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

CA703/2021 [2022] NZCA 247

	BETWEEN	DENNIS ARTHUR SMITH Applicant
	AND	IAN JAMES PLOWMAN First Respondent
	AND	NIKAU GROVE NURSERY LIMITED Second Respondent
	AND	HELEN IRENE MITCHELL Third Respondent

Court:	Miller and Dobson JJ
Counsel:	Applicant in person W E Andrews for Respondents
Judgment: (On the papers)	14 June 2022 at 11.00 am

JUDGMENT OF THE COURT

The application for recall of this Court’s judgment of 9 May 2022 (Smith v Plowman [2022] NZCA 170) is declined.
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REASONS OF THE COURT

(Given by Miller J)

• [1] Mr Smith has applied for recall of our judgment of 9 May 2022. For reasons given there we decided that his application for leave to appeal raised no issue warranting the attention of this Court.^[1]
• [2] The application is an attempt to relitigate the merits of our decision. For that reason it is an abuse of the recall jurisdiction.
• [3] The application is declined accordingly. The Registrar may not receive any further recall applications from Mr Smith in connection with his application for leave to appeal.

Solicitors:
Vodanovich Law, Auckland for Respondents

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^[1] Smith v Plowman [2022] NZCA 170.