Easton v Wellington City Council [2024] NZCA 306 (10 July 2024)

Last Updated: 15 July 2024

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

CA16/2024 [2024] NZCA 306

	BETWEEN	BENJAMIN MORLAND EASTON Applicant
	AND	WELLINGTON CITY COUNCIL Respondent

Court:	French, Palmer and Cooke JJ
Counsel:	Applicant in person K A Lee and A M Cotterill for Respondent
Judgment: (On the papers)	10 July 2024 at 10.30 am

JUDGMENT OF THE COURT

The application for recall is declined.
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REASONS OF THE COURT

(Given by French J)

• [1] On 22 May 2024 this Court delivered a judgment declining to grant Mr Easton leave to bring a second appeal.^[1]
• [2] He has now applied for a recall of that judgment. The application is opposed by the respondent.
• [3] In our view the application falls well short of the recognised criteria for the recall of a judgment.^[2] It is simply an attempt to relitigate the same issues.

Result

• [4] The application is accordingly declined.

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^[1] Easton v Wellington City Council [2024] NZCA 171.

^[2] Saxmere Company Ltd v Wool Board Disestablishment Company 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. The grounds for recall set out in Saxmere Company Ltd v Wool Board Disestablishment Company Ltd (No 2) apply equally in the criminal jurisdiction: see Uhrle v R [2020] NZSC 62, [2020] 1 NZLR 286 at [29]; and Jolley v R [2022] NZSC 150, [2022] 1 NZLR 595 at [12]–[17].