20 Aug 2009
CHURCHILL AND ORS V ARAL PROPERTY HOLDINGS LIMITED AND ANOR HC AK CIV-2001-404-002302
- Citation
- openlaw-5e3d72c7_bbc4_4fc5_83f4_6f10bb4ac564.pdf
- Court
- High Court
The late production of Mr Chong's confidential statement did not alter the factual position such that recall was justified because Chong's sworn affidavit of 17 June 2003 and his subsequent trial evidence supplanted any earlier discrepancies; alleged conduct by the defendants' solicitor, even if established, was not relevant to the defendants' entitlement to increased/indemnity costs and issues between solicitor and client belonged to separate proceedings or disciplinary channels; therefore the re‑call application and r 9.75 relief were dismissed.
- Recall of judgment
- R 9.75 appearance order
- R 14.7(g) refusal/reduction of costs
- Indemnity costs
- Allegation of solicitor misconduct
- Admissibility/hearsay