Mao v Mao [2020] NZHC 1194

Mao v Mao [2020] NZHC 1194

The court granted the application to set aside summary judgment because the first plaintiff and the defendants filed new material after the summary judgment was entered that justified reopening the judgment; the court declined to award costs in favor of self-represented applicants but left open a costs application by the second plaintiff.

Citation
[2020] NZHC 1194
Parties
First Plaintiff: Liansen Mao; Second Plaintiff: Green Land Investment Limited; First Defendant: Jialing Mao; Second Defendant: Guoping Niu
Court
High Court
Jurisdiction
New Zealand
Judgment Date
2 June 2020
Procedural Posture
Civil / Application to Set Aside Summary Judgment
Outcome
Application to set aside summary judgment granted
Legal Topics
Summary Judgment, Setting Aside Judgment, Costs Applications
Civil Procedure Litigation Costs Summary Judgment Setting Aside Judgment Costs Applications

Case Brief

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Parties

Liansen Mao

First Plaintiff

Green Land Investment Limited

Second Plaintiff

Jialing Mao

First Defendant

Guoping Niu

Second Defendant

Procedural Posture

Civil / Application to Set Aside Summary Judgment

Legal Issues

  1. 1 Whether the summary judgment should be set aside based on material filed after judgment
  2. 2 Whether costs should be awarded to the second plaintiff in relation to the setting aside application

Ratio Decidendi

The court granted the application to set aside summary judgment because the first plaintiff and the defendants filed new material after the summary judgment was entered that justified reopening the judgment; the court declined to award costs in favor of self-represented applicants but left open a costs application by the second plaintiff.

Court Disposition

Application to set aside summary judgment granted

Orders

  • Summary judgment is set aside
  • No costs awarded in favor of the first plaintiff and the defendants given their self-represented status