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Application to review judgment was an attempt to re-litigate the appeal

By: Colm Scott Byrne BL

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Court of Appeal: (i) refuses the appellant's application to review the Court's unapproved judgment, on the grounds that all the points made amounted to an impermissible application to re-litigate the appeal on the merits; (ii) grants the receivers application to correct minor factual inaccuracies under the slip rule; (iii) sets out the terms of the Issac Wunder Order; and (iv) awards the respondent 75% of their costs in the High Court as against the appellant and makes no order as to costs on the appeal, with a stay on execution pending the determination of the proceedings.

Whelan J (nem diss): application to the Court of Appeal to review its unapproved judgment previously given in the matter - whether the points made were wholly exceptional - application under the slip rule - Issac Wunder order - costs of legal proceedings - Order 99, rule 1(1) of the Rules of the Superior Courts - costs follow the event.

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