IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
CIV-2013-404-1806 [2016] NZHC 2426
BETWEEN STUART WALTON HERRON
Plaintiff
AND
WAYNE ANDREW WALLACE First Defendant
SHADES OF AUTUMN LIMITED Second Defendant
BELMONT LIFESTYLE VILLAGE LIMITED
Third defendant
Hearing: 21 September 2016 Counsel:
CT Patterson and DW Grove for plaintiff
JE Hodder QC and CF Fife for first and third defendantsJudgment:
12 October 2016
JUDGMENT OF FAIRE J [On application for stay/recall]
This judgment was delivered by me on 12 October 2016 at 2:30 pm pursuant to Rule 11.5 of the High Court Rules.
Registrar/Deputy Registrar
Date……………
Solicitors: Skeates Law, Auckland (G Skeates) Chapman Tripp, Auckland
Herron v Wallace [2016] NZHC 2426 [12 October 2016]
Table of Contents
Introduction ............................................................................................................[1] The applications .....................................................................................................[2] The Court’s jurisdiction to recall its own (sealed) judgment and order a
rehearing.................................................................................................................[4]
Appeal and new proceedings .................................................................................[7] Recall and rehearing application ..........................................................................[10] The defendants’ submissions................................................................................ [11] The plaintiff’s submissions ..................................................................................[13]
Does the Court have jurisdiction to recall or rescind a perfected judgment? ......[16] Do the circumstances of the case require the Court to exercise its inherent jurisdiction? [35]
Result....................................................................................................................[43] Application for stay pending appeal ....................................................................[44]
The application analysed [49]
Orders ...................................................................................................................[52] Costs .....................................................................................................................[53]
Introduction
[1] On 27 May 2016, I delivered a reserved judgment in which I entered judgment for the plaintiff against the first and third defendants for $966,531.93.1 I reserved costs and gave directions covering that aspect of the matter.
The applications
[2] The first and third defendants apply by an amended application for orders that:
(a) My judgment be recalled or rescinded in part;
(b)A new trial be ordered on certain findings and issues relating to the proposed Queenstown apartments, known as Apartment 401 and Apartment 403; and
(c) A new trial or, alternatively, the applicant’s new proceeding (founded on the issue of the Herron/Bryers settlement relating to a proposed free style apartment identified as Apartment 403), be the subject of directions for an expedited trial.
[3] In addition, the first and third defendants seek orders that execution of my judgment be stayed pending:
(a) Either determination by the Court of Appeal of the first and third
defendants’ appeal against the judgment; or
(b)A rehearing or retrial of the judgment of 27 May 2016 following its recall.
The Court’s jurisdiction to recall its own (sealed) judgment and order a
rehearing
[4] Counsel are agreed that, in summary, the Court’s jurisdiction to consider a recall of its judgment and order a rehearing is covered by the following matters of principle:
(a) The Court has an inherent jurisdiction to act effectively, in particular by ensuring that its processes are used to secure justice and not misused to result in injustice. The inherent jurisdiction may be
invoked whenever the justice of the case so requires;2
2 Taylor v Attorney-General [1975] 2 NZLR 675 (CA) at 680 and 682; R v Moke [1996] 1 NZLR
263 at 267.
(b)This jurisdiction permits limited exceptions to the finality of judgment principle, subject…
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- Herron v Wallace [2016] NZHC 2426
- Case
- [2016] NZHC 2426
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CaseChat Overview and Summary
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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