Commercial Factors Limited v Scenic Hotel Group Limited
[2022] NZCA 580
•28 November 2022 at 11.30 am
| IN THE COURT OF APPEAL OF NEW ZEALAND I TE KŌTI PĪRA O AOTEAROA |
| CA495/2020 [2022] NZCA 580 |
| BETWEEN | COMMERCIAL FACTORS LIMITED |
| AND | SCENIC HOTEL GROUP LIMITED |
| Court: | Miller, Clifford and Courtney JJ |
Counsel: | P J Dale KC and A J Steel for Appellant |
Judgment: | 28 November 2022 at 11.30 am |
JUDGMENT OF THE COURT
A The application for recall is granted.
BWe make no order for costs on the recall application.
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REASONS OF THE COURT
(Given by Courtney J)
In a judgment delivered on 8 July 2022 this Court dismissed the appeal brought by Commercial Factors Limited (Factors) and the cross-appeal brought by Scenic Hotel Group Limited.[1] It also remitted the issue of costs in the High Court to the High Court for determination. The appellant has applied to recall the judgment in respect of the order remitting the question of costs.
[1]Commercial Factors Ltd v Scenic Hotel Group Ltd [2022] NZCA 300.
When the appeal and cross-appeal were initially filed, the issue of costs had not been determined in the High Court. Osborne J subsequently delivered a costs decision.[2] Factors filed an amended notice of appeal signalling its intention to appeal the costs decision. Unfortunately, no citation was provided for the decision, the decision was not included in the case on appeal and neither party’s submissions referred to the decision itself. The substantive decision of this Court was issued on the incorrect basis that no costs decision had been made.
[2]Commercial Factors Ltd v Scenic Hotel Group Ltd [2020] NZHC 2407.
This is a case in which recall is plainly justified. The judgment is recalled and is to be reissued with the appeal against the High Court costs decision addressed.
We make no order for costs on the recall application.
Solicitors:
Kootelle Lawyers, Auckland for Appellant
Meares Williams, Christchurch for Respondent
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