Sharrock v Wedd
Case
•
[2016] NZHC 1802
•5 August 2016
Details
AGLC
Case
Decision Date
Sharrock v Wedd [2016] NZHC 1802
[2016] NZHC 1802
5 August 2016
CaseChat Overview and Summary
The High Court of New Zealand, Napier Registry, considered the case of Sharrock v Wedd. The plaintiffs, Gerald Errington Sharrock and Just Steel Framing Limited, sought to enforce a judgment against Stephen Charles Wedd. The legal issues revolved around whether Mr Sharrock was entitled to be recognised as a director and shareholder of Just Steel, and whether a notice of discontinuance filed by Mr Wedd was valid. The court had to determine if Mr Sharrock had fulfilled his obligations under a deed to acquire shares in Just Steel and if he was entitled to be recognised as a shareholder and director.
The court reasoned that Mr Sharrock had indeed satisfied his payment obligations by 22 March 2013, fulfilling the conditions necessary for his entitlement to shares. The court found that Mr Wedd did not present any valid reason for recalling the judgment, as he had not provided any new evidence or legal grounds that would warrant reconsideration of the previous decision. The court concluded that Mr Wedd's application to recall the judgment was an attempt to re-litigate already decided matters and dismissed the application. The court also noted that any dissatisfaction with the judgment should have been addressed through an appeal, not by applying to recall the judgment.
The final orders were that the application for recall was dismissed, and the plaintiffs' application for costs associated with the recall application would be addressed in a subsequent judgment.
The court reasoned that Mr Sharrock had indeed satisfied his payment obligations by 22 March 2013, fulfilling the conditions necessary for his entitlement to shares. The court found that Mr Wedd did not present any valid reason for recalling the judgment, as he had not provided any new evidence or legal grounds that would warrant reconsideration of the previous decision. The court concluded that Mr Wedd's application to recall the judgment was an attempt to re-litigate already decided matters and dismissed the application. The court also noted that any dissatisfaction with the judgment should have been addressed through an appeal, not by applying to recall the judgment.
The final orders were that the application for recall was dismissed, and the plaintiffs' application for costs associated with the recall application would be addressed in a subsequent judgment.
Details
Key Legal Topics
Areas of Law
-
Civil Litigation & Procedure
Legal Concepts
-
Summary Judgment
-
Recall of Judgment
-
Jurisdiction
Actions
Download as PDF
Download as Word Document
Citations
Sharrock v Wedd [2016] NZHC 1802
Most Recent Citation
Sharrock v Wedd [2018] NZHC 603
Cases Citing This Decision
6
Sharrock v Wedd
[2018] NZHC 603
Sharrock v Wedd
[2017] NZHC 1739
Sharrock v Wedd
[2016] NZHC 3121
Cases Cited
4
Statutory Material Cited
0
Erwood v Maxted
[2010] NZCA 93
Unison Networks Ltd v Commerce Commission
[2007] NZCA 49
Saxmere Co Ltd v Wool Board Disestablishment Co Ltd (No 2)
[2009] NZSC 122