ADM INTERNATIONAL SARL v GOLDEN SHINE NZ LTD [2023] NZHC 2296

The Court exercised its discretion to refuse the stay because the balance of convenience and interests of finality favoured enforcement; however it granted a limited extension for expert evidence on English law to 15 September 2023 while leaving all other timetabling directions intact.

Source-derived case information.

Citation: [2023] NZHC 2296
Parties: Applicant: ADM INTERNATIONAL SARL; Respondent: GOLDEN SHINE NZ LIMITED
Court: High Court
Jurisdiction: New Zealand
Judgment Date: 22 August 2023
Procedural Posture: Civil (high Court) / Application to Stay Ancillary Order
Outcome: Application to stay ancillary order dismissed; defendant ordered to comply with the ancillary order by 5.00 pm on 5 September 2023; time enlarged to 15 September 2023 for filing expert evidence on English law; other timetabling directions remain unchanged.
Legal Topics: Stay of Ancillary Order, Timetabling and Extensions, Expert Evidence on Foreign Law

Civil Procedure Enforcement Evidence (foreign Law) Stay of Ancillary Order Timetabling and Extensions Expert Evidence on Foreign Law

Source-derived case record

Summary, issues, holding and outcome

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Legal principles 2 Party arguments 2 Amounts and remedies 3

Parties

ADM INTERNATIONAL SARL

Applicant

GOLDEN SHINE NZ LIMITED

Respondent

Procedural Posture

Civil (high Court) / Application to Stay Ancillary Order

Legal Issues

1 Whether the ancillary order should be stayed pending further proceedings
2 Whether time should be enlarged for the defendant to file expert evidence on English law

Ratio Decidendi

Court Disposition

Application to stay ancillary order dismissed; defendant ordered to comply with the ancillary order by 5.00 pm on 5 September 2023; time enlarged to 15 September 2023 for filing expert evidence on English law; other timetabling directions remain unchanged.

Orders

Stay application dismissed
Defendant to comply with the ancillary order by 5.00 pm on 5 September 2023

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