WANG V ZHONG HC AK CIV-2005-404-4128
The court applied r 12 of the High Court Rules to correct a clerical error in its earlier judgment and thereby affirmed that the applicant's application for removal of the caveats is granted.
Source-derived case information.
- Citation
- openlaw-06f04041_dd8b_4fd2_b292_829716dd05b3.pdf
- Parties
- Applicant: JIA YI WANG; Respondent: CHENG RONG ZHONG
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 29 November 2005
- Procedural Posture
- Originating Application Under S 143 of the Land Transfer Act 1952 / Judgment (supplementary)
- Outcome
- Application granted and prior judgment corrected under High Court Rules r 12
- Legal Topics
- Caveat Removal, Slip Rule (correction of Judgment), Correction of Clerical Error
Source-derived case record
Summary, issues, holding and outcome
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Parties
JIA YI WANG
Applicant
CHENG RONG ZHONG
Respondent
Procedural Posture
Originating Application Under S 143 of the Land Transfer Act 1952 / Judgment (supplementary)
Legal Issues
- 1 Whether the caveats should be removed
- 2 Whether the court's prior erroneous paragraph can be corrected under r 12 of the High Court Rules
Ratio Decidendi
The court applied r 12 of the High Court Rules to correct a clerical error in its earlier judgment and thereby affirmed that the applicant's application for removal of the caveats is granted.
Court Disposition
Application granted and prior judgment corrected under High Court Rules r 12
Orders
- Paragraph [43] of the earlier judgment is corrected so that its first sentence reads: 'The application by Mr Wang for removal of the caveats is granted.'
- The application by Mr Wang for removal of the caveats is granted.
Full Case Text
Judgment text and source record
1 paragraphs
WANG V ZHONG HC AK CIV-2005-404-4128 29 November 2005IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY CIV-2005-404-4128IN THE MATTER OF an originating application under s 143 of the Land Transfer Act 1952 BETWEEN JIA YI WANG Applicant AND CHENG RONG ZHONG Respondent Hearing: 21 November 2005 Appearances: Mr M I S Phillipps for applicant Mr B Morley for respondent Judgment: 29 November 2005 at 4.45 pm[SUPPLEMENTARY ] JUDGMENT OF ASSOCIATE JUDGE DOOGUECounsel: Mr M I S Phillipps, P O Box 3320, Auckland Solicitors: Carson & Co, P O Box 37403, Auckland Hesketh Henry, Private Bag 92093, Auckland[1] In these proceedings the applicant sought the removal of caveats. The substantial reasons for judgment that I gave resolved the matter in the applicant's favour. [2] However, by error I included in the judgment a paragraph, paragraph [43], in which I dismissed Mr Wang's application. That was an error. I conclude that the error that I made in doing this comes within r 12 of the High Court Rules, the "slip rule". The judgment is to be corrected so that the first sentence in paragraph [43] reads as follows:[43] The application by Mr Wang for removal of the caveats is granted.J P Doogue Associate Judge