Review of the Court Decision on Debt Collection Due to Newly Discovered Circumstances
Final and binding decisions, rulings, and resolutions may be reviewed by the court that issued them due to newly discovered or new circumstances.
The grounds for review are legal facts of significant importance for the proper resolution of the previously adjudicated case, which arose or existed but became known only after the judicial act entered into legal force.
Legal facts of significant importance are those that lead to the issuance of a different judicial act in content.
It should be noted that the first part of Article 455 of the Civil Procedure Code (CPC) is not an independent ground for reviewing final and binding judicial acts due to newly discovered or new circumstances. The grounds for review are listed in parts two and three of Article 455 of the CPC, which are exhaustive and not subject to broad interpretation.
Failure by a party to present evidence in support of its claim or objections against it, or failure to file a motion before the court for assistance in obtaining evidence held by another party or third persons, constitutes a procedural omission by the party involved in the case. Such procedural omissions, as well as the submission of new evidence, cannot serve as grounds for reviewing a final and binding judicial act due to newly discovered or new circumstances.
Civil Case No. 7142-24-3-5/56
The Interdistrict Civil Court of the City of Astana, presided over by Judge T.A.D., with court session secretary A.A.B., and with the participation of the plaintiff’s representative D.A.K. and the defendant’s representative D.N.S., reviewed the application of M.S.A. for the revision of the decision of the Yesil District Court of Astana dated September 26, 2022, due to newly discovered circumstances.
M.S.A. filed an application with the court to review the decision of the Yesil District Court of Astana dated September 26, 2022, in the claim of Joint Stock Company "Forte Bank" against M.S.A. for debt collection due to newly discovered circumstances.
A Loan Agreement No. 15402545-1417-KA/2007 dated July 11, 2007 (hereinafter – Loan Agreement) was concluded between JSC "Forte Bank" (hereinafter – Bank) and the defendant M.S.A., under which the defendant was granted a loan of USD 12,000 for 60 months under the conditions of targeted use, security, urgency, repayment, and interest payment.
By the decision of the Yesil District Court of Astana dated September 26, 2022, M.S.A. was ordered to pay JSC "Forte Bank" a debt amounting to 25% of the principal debt in the sum of 1,434,780 tenge (USD 3,000), legal expenses of 38,252 tenge, totaling 1,473,032 tenge.
By the ruling of the Civil Judicial Panel of the Astana City Court, the decision of the Yesil District Court of Astana dated September 26, 2022, was upheld.
M.S.A. filed a lawsuit with the Taldykorgan City Court seeking to declare the loan agreement and the collateral agreement for movable property invalid.
By the decision of the Taldykorgan City Court of the Zhetysu Region dated July 27, 2023, the loan agreement and collateral agreement were declared invalid.
By the ruling of the Civil Judicial Panel of the Zhetysu Regional Court dated January 3, 2024, the decision of the Taldykorgan City Court of the Zhetysu Region dated July 27, 2023, was upheld.
Findings of the Court
After reviewing the materials of the electronic civil case and the submitted documents, the court reached the following conclusion:
According to part 1 of Article 455 of the Civil Procedure Code of the Republic of Kazakhstan (hereinafter – CPC), the grounds for reviewing decisions, rulings, and resolutions due to newly discovered or new circumstances are legal facts of significant importance for the proper resolution of the previously adjudicated case, which arose or existed but became known only after the judicial act entered into legal force.
Part 2 of the aforementioned article provides that the grounds for reviewing decisions, rulings, and resolutions due to newly discovered circumstances include legal facts established by a final and binding judgment, ruling of the court, decisions of state authorities, and officials engaged in criminal prosecution, such as knowingly false witness testimony, knowingly false expert conclusions, knowingly incorrect translation, falsification of documents or physical evidence, which led to the issuance of an unlawful or unfounded decision; a criminal offense committed by the parties, other persons involved in the case, or their representatives; or a criminal offense committed by judges during the case proceedings, as established by a final and binding judicial act.
Additionally, part 3 stipulates that new circumstances include the annulment of a judicial act that had a prejudicial effect in the case, a final and binding court decision recognizing the transaction as invalid based on which the judicial act was issued, or the recognition by the Constitutional Council of the Republic of Kazakhstan of laws and other normative legal acts as unconstitutional, which were applied in rendering the judicial act.
According to the case materials, by the decision of the Taldykorgan City Court of the Zhetysu Region dated July 27, 2023, the loan agreement and the collateral agreement were declared invalid.
The above-mentioned court decision has entered into legal force.
Pursuant to Article 72 of the CPC, the burden of proof lies with the parties, and the court is relieved of the duty to collect evidence (part 3, Article 15 of the CPC RK). Evidence in the case must be presented by the parties and other persons involved in the case before the completion of the case preparation for trial. Failure to present available evidence to the court precludes the possibility of presenting such evidence to appellate and cassation instances (part 1, Article 73 of the CPC RK).
The arguments presented as justification are substantial and supported by the relevant documents.
Analyzing the grounds cited in the application for the annulment of the court decision due to newly discovered circumstances, the court concludes that the loan agreement and the collateral agreement, on the basis of which the decision of the Yesil District Court of Astana dated September 26, 2022, was issued, were declared invalid by the decision of the Taldykorgan City Court of the Zhetysu Region dated July 27, 2023.
Court Ruling
Based on the foregoing, the court finds it justified to satisfy the application and resume proceedings in the case according to the rules provided by the CPC. Guided by Articles 268 and 455 of the CPC, the court RULES:
To satisfy the application of M.S.A. for the review of the decision of the Yesil District Court of Astana dated September 26, 2022, in the claim of Joint Stock Company "Forte Bank" against M.S.A. for debt collection due to newly discovered circumstances.
To annul the decision of the Yesil District Court of Astana dated September 26, 2022, in the civil case of Joint Stock Company "Forte Bank" against M.S.A. for debt collection.
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