Yoon Lee v District Court at Auckland. Zhi Hong Gao and Lin Ge, John Carter, Timothy Upton Slack and Brent O’Callahan - SC 56/2014
Summary
Civil Appeal – Whether the Court of Appeal erred by making plain errors in the findings of fact – Whether the Court of Appeal erred in failing to recognise that there was a loss of chance to take steps to recover the Gao’s deposits – Whether the Court of Appeal erred in finding that the High Court upheld the finding of negligence but reduced the damages – Whether the Court of Appeal erred in declining to make the finding that the District Court Judge went beyond the court’s jurisdiction in hearing the claim because the amount claimed exceeded the statutory limit – Whether the Court of Appeal erred by overlooking that the High Court had set aside the substantive judgment between the appellant and the 2nd respondents – Whether the Court of Appeal erred in failing to address the error of law made by the lower courts on the issue of assignment and consequential unconscionable conduct by the 3rd respondents – Whether the Court of Appeal erred in awarding full indemnity costs against the applicant – Whether the Court of Appeal erred by overlooking relevant authorities.[2014] NZCA 169 CA 362/2013
Result
The application for leave to appeal is dismissed.
The applicant must pay the second and third respondents costs on an indemnity basis, plus reasonable disbursements.
24 September 2014
The applicant must pay the second and third respondents costs on an indemnity basis, plus reasonable disbursements.
24 September 2014
Related Documents
Leave judgment - leave dismissed — YOON LEE v DISTRICT COURT AT AUCKLAND [2014] NZSC 130 [24 September 2014] (PDF 61 KB)
Additional Information
LEE V DISTRICT COURT AT AUCKLAND CA362/2013 [2014] NZCA 169 [7 May 2014]