3 Aug 2018
ARNERICH v VACO INVESTMENTS (LINCOLN ROAD) LTD (IN LIQUIDATION) _x000b_[2018] NZHC 1974
- Citation
- [2018] NZHC 1974
- Court
- High Court
The application to rescind was dismissed because r 7.49 is a narrowly confined review jurisdiction unsuited to relitigating a decision made after extensive evidence, full written submissions and a full-day hearing; the applicant's complaints about the legal test and alleged errors concern the correctness of the judgment and belong to appeal, and the prior decision was not demonstrably wrong; the Court as gatekeeper under s 284 may consider legal viability of a proposed claim but that did not justify rescission here.