CHEN v LIN [2015] NZHC 998

CHEN v LIN [2015] NZHC 998

The application was dismissed because the omission sought to be corrected amounted to a substantive variation—adding a separate element of the foreign judgment (RMB 8,567,202.23 interest)—which r 11.10 does not permit; r 11.10 is confined to correcting clerical or accidental slips and cannot be used to issue a...

Source-derived case information.

Citation
[2015] NZHC 998
Parties
Applicant/plaintiff: Yang Chen; Respondent/defendant: Jin Zhu Lin
Court
High Court
Jurisdiction
New Zealand
Judgment Date
12 May 2015
Procedural Posture
Interlocutory Application to Correct Judgment (r 11.10 High Court Rules) / Post Judgment; Application to Amend Sealed Judgment
Outcome
Application to amend the judgment dismissed; costs reserved
Legal Topics
High Court Rules R 11.10, High Court Rules R 11.9, Correction of Accidental Slip or Omission, Award of Interest, Recall of Judgment
Civil Procedure Enforcement of Foreign Judgments Judgment Correction High Court Rules R 11.10 High Court Rules R 11.9 Correction of Accidental Slip or Omission Award of Interest Recall of Judgment

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Parties

Yang Chen

Applicant/plaintiff

Jin Zhu Lin

Respondent/defendant

Procedural Posture

Interlocutory Application to Correct Judgment (r 11.10 High Court Rules) / Post Judgment; Application to Amend Sealed Judgment

Legal Issues

  1. 1 Whether r 11.10 permits correction to add omitted interest awarded by a foreign court
  2. 2 Whether the omission is an accidental slip or a substantive variation not correctable under r 11.10
  3. 3 Whether recall under r 11.9 was available after judgment was drawn up and sealed

Ratio Decidendi

The application was dismissed because the omission sought to be corrected amounted to a substantive variation—adding a separate element of the foreign judgment (RMB 8,567,202.23 interest)—which r 11.10 does not permit; r 11.10 is confined to correcting clerical or accidental slips and cannot be used to issue a materially different judgment than that sealed.

Court Disposition

Application to amend the judgment dismissed; costs reserved

Orders

  • Application to amend the judgment dismissed
  • Costs on this application reserved