CALDER STEWART INDUSTRIES LIMITED v JOIE DE VIVRE CANTERBURY LIMITED[2013] NZHC 1831
The Court, by consent, approved the Tomlin order and ordered that all further proceedings be stayed except for carrying the agreed terms into effect or enforcing them, and reserved leave to apply on not less than seven days' notice.
Source-derived case information.
- Citation
- [2013] NZHC 1831
- Parties
- Plaintiff: Calder Stewart Industries Limited; Defendant: Joie de Vivre Canterbury Limited
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 22 July 2013
- Procedural Posture
- High Court Civil Proceeding / Application for Approval of Tomlin Order and Consent Stay
- Outcome
- Proceedings stayed by consent pursuant to the Tomlin order; leave reserved to apply for carrying terms into effect or enforcing them on not less than seven days' notice.
- Legal Topics
- Tomlin Order, Stay of Proceedings, Enforcement of Settlement, Leave to Apply
Source-derived case record
Summary, issues, holding and outcome
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Parties
Calder Stewart Industries Limited
Plaintiff
Joie de Vivre Canterbury Limited
Defendant
Procedural Posture
High Court Civil Proceeding / Application for Approval of Tomlin Order and Consent Stay
Legal Issues
- 1 Approval of a Tomlin order
- 2 Effect of stay of proceedings
- 3 Enforcement of settlement terms
Ratio Decidendi
The Court, by consent, approved the Tomlin order and ordered that all further proceedings be stayed except for carrying the agreed terms into effect or enforcing them, and reserved leave to apply on not less than seven days' notice.
Court Disposition
Proceedings stayed by consent pursuant to the Tomlin order; leave reserved to apply for carrying terms into effect or enforcing them on not less than seven days' notice.
Orders
- The plaintiff and the defendant having agreed to the terms set forth in an agreement dated 9 July 2013 and filed in Court, it is ordered that all further proceedings in this action are stayed, except for the purpose of carrying such terms into effect or enforcing them.
- Leave is reserved to the parties to apply in relation to the carrying of the terms into effect or enforcing them on not less than seven days notice.
Full Case Text
Judgment text and source record
1 paragraphs
CALDER STEWART INDUSTRIES LIMITED v JOIE DE VIVRE CANTERBURY LIMITED [2013] NZHC 1831 [22 July 2013]IN THE HIGH COURT OF NEW ZEALANDCHRISTCHURCH REGISTRYCIV-2012-409-1572[2013] NZHC 1831BETWEEN CALDER STEWART INDUSTRIESLIMITEDPlaintiffAND JOIE DE VIVRE CANTERBURYLIMITEDDefendantHearing: 8 July 2013Appearances: JBM Smith QC and P R Castle for PlaintiffS P Rennie and J E Bayley for DefendantJudgment: 22 July 2013JUDGMENT OF PANCKHURST J(AS TO TOMLIN ORDER)[1] The plaintiff and the defendant have agreed on the terms of a Tomlin Order and have submitted it to the Court for approval.[2] I order by consent:(a) The plaintiff and the defendant having agreed to the terms set forth in an agreement dated 9 July 2013 and filed in Court, it is ordered that all further proceedings in this action are stayed, except for the purpose of carrying such terms into effect or enforcing them.(b) To that end leave is reserved to the parties to apply in relation to the carrying of the terms into effect or enforcing them on not less than seven days notice.Solicitors:JBM Smith QC, Barrister, WellingtonP R Castle, Barrister, WellingtonS P Rennie, ChristchurchJ E Bayley, Christchurch