BARGE V FREEPORT DEVELOPMENT LTD AND ORS HC AK CIV-2002-404-1771

BARGE V FREEPORT DEVELOPMENT LTD AND ORS HC AK CIV-2002-404-1771

The court corrected the clerical error under the slip rule, discharged the prior para 33 order because the appeal was abandoned, and ordered the net balance of sale proceeds to be paid to the Registrar on interest pending final determination because there was an established risk of dissipation and outstanding claims for exemplary damages remained.

Citation
openlaw-73f1bf10_7d52_44f4_84af_686e3591fd8b.pdf
Parties
Plaintiff: Ivan Barge; First Defendant: Freeport Development Ltd; Second Defendant: Shou-Lung Chiao; Third Defendant: Jiao Yi Hua; Fourth Defendants: Jiao Yi Hua, Hsueh Wi Huang and Shou Chen Chiao as trustees of the Harsono Family Trust
Court
High Court
Jurisdiction
New Zealand
Judgment Date
20 June 2006
Procedural Posture
Civil Specific Performance and Damages / Interlocutory Applications and Judgment on Ancillary Orders
Outcome
Correction of title reference under slip rule granted; para 33 order discharged; preservation order made for net sale proceeds to be paid to the Registrar pending final determination; no order as to costs.
Legal Topics
Specific Performance, Preservation Order, Slip Rule, Exemplary Damages, Appeal Abandonment
Contract Property Civil Procedure Equity Specific Performance Preservation Order Slip Rule Exemplary Damages +1 more

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Parties

Ivan Barge

Plaintiff

Freeport Development Ltd

First Defendant

Shou-Lung Chiao

Second Defendant

Jiao Yi Hua

Third Defendant

Jiao Yi Hua, Hsueh Wi Huang and Shou Chen Chiao as trustees of the Harsono Family Trust

Fourth Defendants

Procedural Posture

Civil Specific Performance and Damages / Interlocutory Applications and Judgment on Ancillary Orders

Legal Issues

  1. 1 Whether to correct a clerical error in a prior judgment under the slip rule
  2. 2 Whether para 33 of the earlier judgment should be discharged following abandonment of appeal
  3. 3 Whether the court should preserve net sale proceeds pending determination of damages due to risk of dissipation

Ratio Decidendi

The court corrected the clerical error under the slip rule, discharged the prior para 33 order because the appeal was abandoned, and ordered the net balance of sale proceeds to be paid to the Registrar on interest pending final determination because there was an established risk of dissipation and outstanding claims for exemplary damages remained.

Court Disposition

Correction of title reference under slip rule granted; para 33 order discharged; preservation order made for net sale proceeds to be paid to the Registrar pending final determination; no order as to costs.

Orders

  • Order substituting "Certificate of Title 49C/1171 (North Auckland Registry)" for "NA22A/1110 (North Auckland Registry)" in para 19 under the slip rule
  • Order discharging the order made in para 33 of the judgment dated 6 December 2005