PRASAD V INDIANA PUBLICATIONS (NZ) LIMITED & ORS HC AK CIV 2012-404-004172

PRASAD V INDIANA PUBLICATIONS (NZ) LIMITED & ORS HC AK CIV 2012-404-004172

The application to recall was dismissed because it sought to relitigate final judgments and comprised unsubstantiated allegations of judicial ignorance and fraud which do not amount to a proper basis for recall; no fresh viable claim was presented.

Source-derived case information.

Citation
openlaw-2df203d7_13bf_40f5_a2a0_89efa3d87491.pdf
Parties
Plaintiff: Rajendra Prasad; Defendants: Indiana Publications (NZ) Limited & Ors
Court
High Court
Jurisdiction
New Zealand
Judgment Date
15 March 2013
Procedural Posture
High Court Civil Application to Recall Judgment/review of Strike Out / Application to Recall Earlier Judgment Following Strike Out by Associate Judge
Outcome
Application to recall the judgment dismissed
Legal Topics
Recall of Judgment, Strike Out, Abuse of Process, Fraud on the Court, Res Judicata
Civil Procedure Judicial Review Copyright Law Recall of Judgment Strike Out Abuse of Process Fraud on the Court Res Judicata

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Parties

Rajendra Prasad

Plaintiff

Indiana Publications (NZ) Limited & Ors

Defendants

Procedural Posture

High Court Civil Application to Recall Judgment/review of Strike Out / Application to Recall Earlier Judgment Following Strike Out by Associate Judge

Legal Issues

  1. 1 Whether the judgment should be recalled
  2. 2 Whether the proceedings improperly seek to relitigate final judgments
  3. 3 Whether allegations of judicial ignorance or fraud justify recall

Ratio Decidendi

The application to recall was dismissed because it sought to relitigate final judgments and comprised unsubstantiated allegations of judicial ignorance and fraud which do not amount to a proper basis for recall; no fresh viable claim was presented.

Court Disposition

Application to recall the judgment dismissed

Orders

  • Application to recall judgment dismissed