New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Property law act 1952 s 90
  • 6 May 2022

    STEPHEN GILBERT ANDERSON v NZI INTERNATIONAL ACCEPTANCES LIMITED, NZI SECURITIES LIMITED AND NZI FINANCES LIMITED [2022] NZCA 167

    Citation
    [2022] NZCA 167
    Court
    Court of Appeal

    The application for recall was declined because the applicant’s late attempt to raise arguments available at the original hearing does not satisfy the strict Horowhenua County criteria for recall; there is no statutory or intervening authoritative decision nor a counsel oversight warranting recall, and the claimed grounds do not constitute the required 'very special reason.'

    • Recall of judgment
    • Mortgage sale
    • Property law act 1952 s 90
    • Procedural default
    • Application of horowhenua county criteria