Zhang v Telco Asset Management Limited

The Court of Appeal of New Zealand heard an application for recall brought by Yan Zhang against Telco Asset Management Limited. Zhang, acting in person, sought to have the Court recall its decision to award Telco costs following an unsuccessful appeal against an Employment Court decision. The appeal itself was dismissed by the Court on 8 June 2020, and Telco was awarded costs on 1 September 2020. Zhang's application for recall was dismissed by the Court on 21 October 2020.

The central legal issue before the Court was whether there were exceptional circumstances warranting the recall of the costs decision. Zhang argued that the costs decision should be recalled because his name was incorrectly stated as "Jan Zhang" in Telco's memorandum seeking costs, and that this error was a special reason justifying recall. Additionally, Zhang submitted a further memorandum with points opposing the costs, though this was not referred to the panel in delivering the costs decision.

The Court found that recall was only justified in exceptional circumstances, such as changes in relevant statutes or judicial decisions, or if justice required it for some other very special reason. Zhang's argument did not fit into any of these categories. The Court considered Zhang's initial response to Telco's memorandum and found that it had been taken into account in delivering the costs decision. The Registry had correctly informed Zhang that any further submissions would require leave, which Zhang did not seek. Moreover, Zhang's subsequent points could not have altered the Court's decision.

The Court concluded that justice did not require the recall of the costs decision. Zhang had been provided with the opportunity to respond to Telco's memorandum and had done so. The Registry's advice to Zhang that further submissions would require leave was accurate, and Zhang did not pursue this course. The application for recall was dismissed.