TM (MAGGIE) MA V TMH TAY HC AK CIV-2011-404-8215

TM (MAGGIE) MA V TMH TAY HC AK CIV-2011-404-8215

The application to recall was dismissed because the defendants failed to demonstrate 'very special reasons' to reopen the judgment: they had access to the CD-ROM from 11 April 2012 and did not challenge the transcript before judgment; the transcript was considered only as part of the evidence; the proper remedies...

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Citation
openlaw-4b052969_a733_4201_8386_3340163a47a1.pdf
Parties
Plaintiff: Tian Min (Maggie) Ma; First Defendant: Tony Meng Hiang Tay; Second Defendant: Selina Siaw Nyung Tay; Third Defendant: Jireh Hotel Investment Limited; Fourth Defendant: Tony Tay Trust Limited as trustee for The Tony Tay Trust; Fifth Defendants: Tony Meng Hiang Tay; Selina Nyung Tay; Ronald William Edward Cherry as trustees of The Elshadai Family Trust; Sixth Defendant: Rosgo Financial Services Limited; Seventh Defendant: Roshni Golian
Court
High Court
Jurisdiction
New Zealand
Judgment Date
20 June 2012
Procedural Posture
Civil Summary Judgment and Subsequent Application to Recall Judgment / Post Judgment Application to Recall (r 11.9 High Court Rules)
Outcome
Application to recall judgment dismissed
Legal Topics
Summary Judgment, Recall of Judgment, New Evidence, Translation and Transcript Evidence, Finality of Litigation, Appeal/rehearing Remedies
Civil Procedure Contract Trusts Evidence Summary Judgment Recall of Judgment New Evidence Translation and Transcript Evidence +2 more

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Parties

Tian Min (Maggie) Ma

Plaintiff

Tony Meng Hiang Tay

First Defendant

Selina Siaw Nyung Tay

Second Defendant

Jireh Hotel Investment Limited

Third Defendant

Tony Tay Trust Limited as trustee for The Tony Tay Trust

Fourth Defendant

Tony Meng Hiang Tay; Selina Nyung Tay; Ronald William Edward Cherry as trustees of The Elshadai Family Trust

Fifth Defendants

Rosgo Financial Services Limited

Sixth Defendant

Roshni Golian

Seventh Defendant

Procedural Posture

Civil Summary Judgment and Subsequent Application to Recall Judgment / Post Judgment Application to Recall (r 11.9 High Court Rules)

Legal Issues

  1. 1 Whether the judgment dated 16 May 2012 should be recalled under r 11.9 High Court Rules
  2. 2 Whether alleged inaccuracies and late provision/modification of translated transcripts and CD-ROMs constitute 'very special reasons' or newly discovered evidence justifying recall
  3. 3 Whether defendants had adequate opportunity to challenge the transcript evidence prior to judgment

Ratio Decidendi

The application to recall was dismissed because the defendants failed to demonstrate 'very special reasons' to reopen the judgment: they had access to the CD-ROM from 11 April 2012 and did not challenge the transcript before judgment; the transcript was considered only as part of the evidence; the proper remedies are appeal or rehearing rather than recall, so finality requires the judgment to stand.

Court Disposition

Application to recall judgment dismissed

Orders

  • Application to recall judgment dismissed