12 Oct 2016
Herron v Wallace [2016] NZHC 2426
- Citation
- (2016) 23 PRNZ 620
- Court
- High Court
The application to recall or rescind the sealed judgment is dismissed because the material relied on by the defendants was not newly available such that it falls within the fresh-evidence exception, the defendants had procedural remedies when they discovered the documents and elected not to pursue them, and the circumstances do not meet the high threshold of exceptional circumstances required to override the finality of a perfected judgment; accordingly no rehearing or retrial is justified. A conditional stay pending appeal is granted only on payment of the judgment sum into agreed stakeholde…