6 Oct 2017
GAVIGAN & ANOR v EICHELBAUM [2017] NZCA 442
- Citation
- [2017] NZCA 442
- Court
- Court of Appeal
The Court declined to recall its substantive judgment because recall is a narrowly exercised power that cannot be used to relitigate substantive findings or to present arguments that were available at the appeal; the respondent had ample opportunity to address the issues now raised and simply sought to recast prior arguments, and the referenced Calderbank communication was not a full and final settlement offer such as would justify varying the pre-existing costs order.