HICKMAN AND ORS v TURNER AND WAVERLEY LIMITED SC 46/2011

HICKMAN AND ORS v TURNER AND WAVERLEY LIMITED SC 46/2011

The Supreme Court exercised its jurisdiction to recall its earlier judgment [2012] NZSC 72 and substituted a clarified judgment varying the orders for costs; in response to memoranda from counsel the Court amended the costs regime by replacing the former order F with orders F, G and H.

Citation
HICKMAN AND ORS v TURNER AND WAVERLEY LIMITED SC 46/2011
Parties
First Appellant: Neil Tony Hickman and ors; Second Appellant: David John Lester and ors; Third Appellant: Anthony Collingwood and ors; Fourth Appellant: Norman Herrick and Marie Herrick; First Respondent: Turner and Waverley Limited; Second Respondent: Greenstone Barclay Trustees Limited; Third Respondent: Grafton Projects Limited
Court
Supreme Court
Jurisdiction
New Zealand
Judgment Date
11 December 2012
Procedural Posture
Appeal to the Supreme Court / Final Judgment (substitute Judgment Issued)
Outcome
Original judgment [2012] NZSC 72 recalled and substitute judgment delivered; orders for costs clarified and varied.
Legal Topics
Recall of Judgment, Variation of Costs Orders, Clarification of Orders
Civil Procedure Appeals Costs Recall of Judgment Variation of Costs Orders Clarification of Orders

Case Brief

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Parties

Neil Tony Hickman and ors

First Appellant

David John Lester and ors

Second Appellant

Anthony Collingwood and ors

Third Appellant

Norman Herrick and Marie Herrick

Fourth Appellant

Turner and Waverley Limited

First Respondent

Greenstone Barclay Trustees Limited

Second Respondent

Grafton Projects Limited

Third Respondent

Procedural Posture

Appeal to the Supreme Court / Final Judgment (substitute Judgment Issued)

Legal Issues

  1. 1 Whether the Court should recall its prior judgment
  2. 2 Whether and how to vary and clarify the orders for costs
  3. 3 Replacement of former order F with orders F, G and H

Ratio Decidendi

The Supreme Court exercised its jurisdiction to recall its earlier judgment [2012] NZSC 72 and substituted a clarified judgment varying the orders for costs; in response to memoranda from counsel the Court amended the costs regime by replacing the former order F with orders F, G and H.

Court Disposition

Original judgment [2012] NZSC 72 recalled and substitute judgment delivered; orders for costs clarified and varied.

Orders

  • Original judgment [2012] NZSC 72 recalled and a substitute judgment delivered.
  • Orders for costs are clarified and varied in accordance with memoranda from counsel.