12 Nov 2019
PATERSON v LEPIONKA & COMPANY INVESTMENTS LIMITED [2019] NZCA 548
- Citation
- [2019] NZCA 548
- Court
- Court of Appeal
The appeal failed because the Lawson affidavit did not meet fresh-evidence criteria (it could have been produced at the earlier hearing and would not likely have altered the outcome), the second annulment was barred by res judicata/issue estoppel absent new evidence of fraud, Lepionka was not a secured creditor of Paterson in respect of the costs debt under the statutory definition, and even if jurisdiction existed the court properly exercised its discretion to refuse annulment given delay, Official Assignee opposition and the applicant's insolvency position.