CALDER STEWART INDUSTRIES LIMITED v JOIE DE VIVRE CANTERBURY LIMITED [2013] NZHC 3247
The Court, exercising its discretion and on the parties' consent, approved the Tomlin Order, stayed all further proceedings except for the purpose of carrying the settlement terms into effect or enforcing them, and ordered that the court file may be accessed only by leave of a Judge.
Source-derived case information.
- Citation
- [2013] NZHC 3247
- Parties
- Plaintiff: Calder Stewart Industries Limited; Defendant: Joie de Vivre Canterbury Limited
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 5 December 2013
- Procedural Posture
- Application Under Property Law Act 2007 S339 / Consent Tomlin Order Approval; Stay of Proceedings
- Outcome
- Tomlin Order approved by consent; proceedings stayed
- Legal Topics
- Tomlin Order, Stay of Proceedings, Enforcement of Settlement, Access to Court File
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
Application Under Property Law Act 2007 S339 / Consent Tomlin Order Approval; Stay of Proceedings
Legal Issues
- 1 Whether to approve a Tomlin Order recording a settlement under s339 of the Property Law Act 2007 and stay proceedings
- 2 Whether the court should restrict access to the court file to leave of a Judge
Ratio Decidendi
The Court, exercising its discretion and on the parties' consent, approved the Tomlin Order, stayed all further proceedings except for the purpose of carrying the settlement terms into effect or enforcing them, and ordered that the court file may be accessed only by leave of a Judge.
Court Disposition
Tomlin Order approved by consent; proceedings stayed
Orders
- All further proceedings in this action are stayed except for the purpose of carrying the settlement terms into effect or enforcing them.
- The Court file relating to this proceeding may only be accessed and searched by leave of a Judge.
Full Case Text
Judgment text and source record
1 paragraphs
CALDER STEWART INDUSTRIES LIMITED v JOIE DE VIVRE CANTERBURY LIMITED [2013] NZHC 3247 [5 December 2013]IN THE HIGH COURT OF NEW ZEALANDCHRISTCHURCH REGISTRYCIV-2010-409-001425[2013] NZHC 3247UNDER the Property Law Act 2007 (the Act)IN THE MATTER of an application for orders under section339 of the ActBETWEEN CALDER STEWART INDUSTRIESLIMITEDPlaintiffAND JOIE DE VIVRE CANTERBURYLIMITEDDefendantHearing: 2 December 2013Counsel: JBM Smith QC and G M Richards for PlaintiffS P Rennie and J E Bayley for DefendantJudgment: 5 December 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 a settlement deed dated 2 December 2013 and filed in Court, it is directed that all further proceedings in this action are stayed, except for the purpose of carrying such terms into effect or enforcing them,(b) that the Court file relating to this proceeding may only be accessed and searched by leave of a Judge.Solicitors:JBM Smith QC, Barrister, WellingtonG M Richards, Barrister, WellingtonRhodes and Co, Christchurch