STEWART v STEWART [2023] NZHC 1781

STEWART v STEWART [2023] NZHC 1781

The Court exercised its power to recall the earlier judgment and directed that the judgment be reissued with the attached Heads of Agreement and confidential settlement details removed; legal publishers were directed to remove the prior judgment from publication.

Source-derived case information.

Citation
[2023] NZHC 1781
Parties
First Plaintiff: Timothy David Stewart; Second Plaintiff: Simone Susan Stewart; First Defendant: David Alan Stewart; Second Defendant: James Robert Stewart; Third Defendant: Janet Dorothy Stewart; Fourth Defendant: John Naylor; Fifth Defendants: David Alan Stewart, Janet Dorothy Stewart, James Robert Stewart and John Naylor as Trustees of the Hiwinui Trust
Court
High Court
Jurisdiction
New Zealand
Judgment Date
7 July 2023
Procedural Posture
Civil / Recall Judgment
Outcome
Judgment recalled and to be reissued with removal of attached Heads of Agreement and confidential settlement details; legal publishers directed to remove the earlier judgment from publication.
Legal Topics
Recall of Judgment, Removal of Confidential Settlement Details, Publication Directions
Civil Procedure Confidentiality Judgment Publication Recall of Judgment Removal of Confidential Settlement Details Publication Directions

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Parties

Timothy David Stewart

First Plaintiff

Simone Susan Stewart

Second Plaintiff

David Alan Stewart

First Defendant

James Robert Stewart

Second Defendant

Janet Dorothy Stewart

Third Defendant

John Naylor

Fourth Defendant

David Alan Stewart, Janet Dorothy Stewart, James Robert Stewart and John Naylor as Trustees of the Hiwinui Trust

Fifth Defendants

Procedural Posture

Civil / Recall Judgment

Legal Issues

  1. 1 Whether the earlier judgment should be recalled
  2. 2 Whether attached Heads of Agreement and confidential settlement details should be removed from the judgment text
  3. 3 Whether legal publishers should be directed to remove the earlier judgment from publication

Ratio Decidendi

The Court exercised its power to recall the earlier judgment and directed that the judgment be reissued with the attached Heads of Agreement and confidential settlement details removed; legal publishers were directed to remove the prior judgment from publication.

Court Disposition

Judgment recalled and to be reissued with removal of attached Heads of Agreement and confidential settlement details; legal publishers directed to remove the earlier judgment from publication.

Orders

  • Recall the judgment issued 27 June 2023 and reissue it removing the attached Heads of Agreement and confidential settlement details from the text
  • Direct legal publishers to remove the earlier judgment from publication