13 Jul 2021
MATTHEWS v MEMELINK [2021] NZHC 1754
- Citation
- [2021] NZHC 1754
- Court
- High Court
Recall was refused because the document was within the defendants' control and there was no satisfactory explanation for its non-production earlier, the delay (about five years) and collateral use rules precluded recall as a means to avoid appeal; minor errors in Andrews J's judgment (interest formulation and GST reference) were corrected as accidental slips; the Court ordered the defendants to pay the plaintiff a net sum of $46,893.88 as at 5 September 2012 and directed the order lie in Court pending any timely application for stay within five working days.