3 Dec 2021
FUJIFILM BUSINESS INNOVATION NEW ZEALAND LTD v WHITTAKER [2021] NZHC 3292
- Citation
- [2021] NZHC 3292
- Court
- High Court
Leave to bring a second interlocutory application was refused because no special circumstances existed to justify revisiting a prior interlocutory decision: the Supreme Court's clarification in FMV v TZB did not undermine the earlier decision such as to displace finality, the applicants had previously litigated the issue with knowledge of the reserved judgment, and absent some extraneous or exceptional factor the court will not permit relitigation of interlocutory matters; recall was not justified on the facts.