TANG v SUNBOW LIMITED [2019] NZHC 2716

TANG v SUNBOW LIMITED [2019] NZHC 2716

The wording of Appendix A is properly interpreted to keep the Appendix A orders in force until revoked or varied at the next hearing (scheduled for 4 December 2019), and no error or slip was demonstrated that would justify recalling the judgment; the recall application is dismissed.

Citation
[2019] NZHC 2716
Parties
First Plaintiff: Jingqiu Tang; Second Plaintiff: Sunbow Group Limited; Third Plaintiff: Sunbow Investment Limited; First Defendant: Sunbow Limited; Second Defendant: Ying Zhong
Court
High Court
Jurisdiction
New Zealand
Judgment Date
23 October 2019
Procedural Posture
Companies Act 1993 Proceeding / Judgment (addendum)
Outcome
Recall application dismissed; Appendix A orders remain in force until revoked or varied at the next hearing on 4 December 2019.
Legal Topics
Interpretation of Consent/interim Orders, Recall of Judgment, Court Delivery of Addendum
Company Law Civil Procedure Interpretation of Consent/interim Orders Recall of Judgment Court Delivery of Addendum

Case Brief

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Parties

Jingqiu Tang

First Plaintiff

Sunbow Group Limited

Second Plaintiff

Sunbow Investment Limited

Third Plaintiff

Sunbow Limited

First Defendant

Ying Zhong

Second Defendant

Procedural Posture

Companies Act 1993 Proceeding / Judgment (addendum)

Legal Issues

  1. 1 Whether Appendix A wording meant the order would lapse on 5 December 2019 or remain in force until revoked or varied at the next hearing
  2. 2 Whether there was an error or slip in the judgment warranting recall

Ratio Decidendi

The wording of Appendix A is properly interpreted to keep the Appendix A orders in force until revoked or varied at the next hearing (scheduled for 4 December 2019), and no error or slip was demonstrated that would justify recalling the judgment; the recall application is dismissed.

Court Disposition

Recall application dismissed; Appendix A orders remain in force until revoked or varied at the next hearing on 4 December 2019.

Orders

  • Application to recall the judgment is dismissed.
  • Appendix A orders remain in force until revoked or varied on 4 December 2019.