New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Finality in litigation

Legal area

Court

22 Sept 2016

JONES v ACCIDENT COMPENSATION CORPORATION [2016] NZHC 2239

Citation

[2016] NZHC 2239
Court

High Court

Special leave was dismissed because the 1987 Appeal Authority decision had distinctly and solemnly determined both allegations of medical misadventure (misdiagnosis and adverse reaction to medication), the issues litigated in 2014 were the same and thus barred by issue estoppel, the subsequent material did not constitute fresh evidence sufficient to avoid estoppel, prior refusals of leave did not produce the unfairness required to displace estoppel, and the interests of justice favored finality.
11 Dec 2013

CLARK V LIBRA DEVELOPMENTS LIMITED AND RUSSELL ERNEST HYSLOP AS TRUSTEE OF THE HYSLOP FAMILY TRUST CA482/2013 [2013] NZCA 618

Citation

[2013] NZCA 618
Court

Court of Appeal

The Court held that because no FF&E reserve had been established or maintained and any future reserve was speculative, the account-taker was directed to disregard the FF&E reserve for valuation as at 30 June 2010 and for reconstructing interest/repayment timings; likewise the prospect of a depreciation claw-back was remote and should be disregarded; the appeal was dismissed.