Ai Nee Chean v Herald Victor De Alwis and others - SC 18/2010

Summary

Civil Appeal – Whether summary judgment in High Court against Appellant in relation to sixth Respondent should be overturned – Whether Court of Appeal erred in affirming issue estoppel in respect of an original default judgment under s 37 Securities Act 1978 – Whether Court of Appeal misapplied the doctrine of issue estoppel by applying it to a default judgment, or holding that Appellant was a privy, or wrongly finding that the original Judge was not misled on facts, or failing to consider equitable doctrine of “clean hands” – Whether issue estoppel contrary to the NZ Bill of Rights Act.[2010] NZCA 30  CA 458/2008

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Additional Information

Application for leave dismissed.

Costs $2,500 to the sixth respondent.

18 May 2010.