New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Interest on foreign judgment

Legal area

Court

3 Sept 2015

YANG CHEN v JIN ZHU LIN AS ADMINISTRATOR OF ESTATE OF QIMING LIN (DECEASED) [2015] NZCA 407

Citation

[2015] NZCA 407
Court

Court of Appeal

Despite a significant and largely self-inflicted delay, the Court granted the extension because the respondent suffered no real prejudice that could not have been avoided, the applicant's failure to include interest was an oversight, and the proposed appeal had overwhelming prospects of success given the Chinese judgments awarded substantial interest; those factors outweigh the delay and conduct objections.
15 Dec 2014

CHEN v LIN [2014] NZHC 3210

Citation

[2014] NZHC 3210
Court

High Court

Because the Chinese court had quantified the interest up to the date of its calculation and that the New Zealand judgment was sealed under r11.9, the Court could not recall or vary the sealed judgment; where a foreign court has quantified interest in its final judgment the amount is enforceable without requiring the NZ Court to recompute it, but recall applications must be brought before a judgment is drawn up and sealed.