JINDAL v OM FINANCIAL LIMITED [2021] NZHC 2966

JINDAL v OM FINANCIAL LIMITED [2021] NZHC 2966

The recall application was dismissed because the costs judgment had been sealed and r 11.9 precluded recall; additionally the interim legal aid did not cover the High Court leave application or the delay, so no basis existed to vary the costs order.

Citation
[2021] NZHC 2966
Parties
Intended Appellant: Gautam Jindal; Intended First Respondent: OM Financial Limited; Intended Second Respondent: NZX Limited; Intended Third Respondent: Minter Ellison Rudd Watts
Court
High Court
Jurisdiction
New Zealand
Judgment Date
4 November 2021
Procedural Posture
Recall Application of Sealed Costs Judgment / Post Judgment Recall Application
Outcome
Application for recall dismissed
Legal Topics
Recall of Judgment, Costs Awards, Legal Aid Coverage, High Court Rules R 11.9
Civil Procedure Costs Law Legal Aid Judicial Review of Judgments Recall of Judgment Costs Awards Legal Aid Coverage High Court Rules R 11.9

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Parties

Gautam Jindal

Intended Appellant

OM Financial Limited

Intended First Respondent

NZX Limited

Intended Second Respondent

Minter Ellison Rudd Watts

Intended Third Respondent

Procedural Posture

Recall Application of Sealed Costs Judgment / Post Judgment Recall Application

Legal Issues

  1. 1 Whether a sealed judgment can be recalled under High Court Rules r 11.9
  2. 2 Whether the applicant's interim legal aid entitled him to avoid a costs award in High Court proceedings
  3. 3 Whether circumstances justified exercise of inherent power to recall

Ratio Decidendi

The recall application was dismissed because the costs judgment had been sealed and r 11.9 precluded recall; additionally the interim legal aid did not cover the High Court leave application or the delay, so no basis existed to vary the costs order.

Court Disposition

Application for recall dismissed

Orders

  • Application for recall dismissed
  • Costs to respondent OM Financial Limited fixed at $750.00 together with any disbursements approved by the Registrar