New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Recall of judgment (r 11.9 high court rules)
  • 24 Apr 2023

    69 GREENLANE EAST LIMITED v ORIENT CONSTRUCTION LIMITED [2023] NZHC 911

    Citation
    [2023] NZHC 911
    Court
    High Court

    The recall application was dismissed because the validity of the payment claim was central and had been the subject of submissions and judicial consideration, there was no procedural unfairness nor new authoritative matter to justify recall under r 11.9, and the earlier judgment setting aside Orient's statutory demand therefore stands.

    • Statutory demand
    • Setting aside (s 290 companies act)
    • Payment claim validity
    • Recall of judgment (r 11.9 high court rules)
    • Construction contracts act 2002