… to him in previous proceedings) clearly do
not meet the test set out in Saxmere.
Result
[9] The application for leave to appeal is dismissed.
[10] The applicant is to pay costs of $2,500 to the second respondent.
Solicitors:
Lee…
… public importance or of
general commercial significance is involved. As well, there is no appearance of a
miscarriage of justice.
[11] We therefore decline leave to appeal. We award costs of $2,500 to the
respondents.
Solicitors:
…
… exercise jurisdiction to do so under s 61A. For
this reason, the argument of the applicant does not raise an issue of public or general
importance
7
and we also see no appearance of a miscarriage of justice.
Solicitors:
…
… and the quantum of the District Court costs
awards: see NR v District Court at Auckland, above n 2.
11
This is not a case of public interest litigation where other issues may arise: see Environmental
Defence Society Inc v The New Zealand King S…
… act as it did and we are satisfied that there is nothing
in the applicant’s complaint which would warrant the recall of the judgment.
[2] The application to recall the judgment is accordingly dismissed.
Solicitors:
Le…