WORLD-NET LIMITED V FINANCE PORTFOLIO LIMITED HC AK CIV 2008-404-002436

WORLD-NET LIMITED V FINANCE PORTFOLIO LIMITED HC AK CIV 2008-404-002436

The application to adduce further evidence is dismissed because the material was not fresh (it could with reasonable diligence have been produced in the District Court), no special reasons justified late admission, and the evidence would not be cogent or determinative; additionally the applicant affirmed the contract by retaining and using the equipment and continuing payments, thereby losing the right to cancel.

Citation
openlaw-7ac336cd_629e_44e0_b656_18a89423aaaf.pdf
Parties
Appellant/applicant: World-Net Limited; Respondent: Finance Portfolio Limited
Court
High Court
Jurisdiction
New Zealand
Judgment Date
20 June 2008
Procedural Posture
Civil Appeal (summary Judgment) / Application to Adduce Further Evidence on Appeal (pre Hearing)
Outcome
Application to adduce further evidence dismissed
Legal Topics
Summary Judgment, Further Evidence on Appeal, Affirmation of Contract, Contract Cancellation, Repossession
Contract Law Civil Procedure Evidence Commercial Law Summary Judgment Further Evidence on Appeal Affirmation of Contract Contract Cancellation +1 more

Case Brief

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Parties

World-Net Limited

Appellant/applicant

Finance Portfolio Limited

Respondent

Procedural Posture

Civil Appeal (summary Judgment) / Application to Adduce Further Evidence on Appeal (pre Hearing)

Legal Issues

  1. 1 Whether leave should be granted under High Court Rules to adduce further evidence on appeal
  2. 2 Whether the proposed evidence is fresh (could it with reasonable diligence have been produced earlier)
  3. 3 Whether the proposed evidence is credible and cogent (would it materially affect the appeal outcome)

Ratio Decidendi

The application to adduce further evidence is dismissed because the material was not fresh (it could with reasonable diligence have been produced in the District Court), no special reasons justified late admission, and the evidence would not be cogent or determinative; additionally the applicant affirmed the contract by retaining and using the equipment and continuing payments, thereby losing the right to cancel.

Court Disposition

Application to adduce further evidence dismissed

Orders

  • Application to adduce further evidence dismissed
  • Costs to respondent on a 2B basis together with disbursements as fixed by the Registrar