WHAKARURU v BATH [2023] NZHC 3796

WHAKARURU v BATH [2023] NZHC 3796

The stay of execution was granted by consent until final determination of the appeal CA 562/2023 on the conditions that the defendant pay the plaintiffs' summary judgment costs on a 2B basis ($14,698.50) plus disbursements ($1,400) within 10 working days, deposit $200,000 security into his solicitor's trust to be held on irrevocable instructions with undertakings regarding distribution, undertake to deposit specified sale proceeds up to a maximum overall amount of $230,604 into trust if properties are sold prior to final determination, and prosecute the appeal with reasonable diligence; leave reserved for further directions and limited costs memoranda permitted only if defendant continues...

Citation
[2023] NZHC 3796
Parties
Plaintiff (trustee): Anna Kataraina Whakaruru; Plaintiff (trustee): Sonny Marupo Whakaruru; Defendant: Jay Bath
Court
High Court
Jurisdiction
New Zealand
Judgment Date
20 December 2023
Procedural Posture
Civil Summary Judgment and Stay Pending Appeal / Stay of Execution Application Pending Appeal (appeal Filed CA 562/2023)
Outcome
Stay of execution granted until final determination of appeal CA 562/2023 on specified conditions
Legal Topics
Summary Judgment, Stay of Execution Pending Appeal, Security for Stay, Costs on Summary Judgment, Costs of Stay Application
Civil Procedure Trusts Property Costs Appeal Summary Judgment Stay of Execution Pending Appeal Security for Stay +2 more

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Parties

Anna Kataraina Whakaruru

Plaintiff (trustee)

Sonny Marupo Whakaruru

Plaintiff (trustee)

Jay Bath

Defendant

Procedural Posture

Civil Summary Judgment and Stay Pending Appeal / Stay of Execution Application Pending Appeal (appeal Filed CA 562/2023)

Legal Issues

  1. 1 Whether to grant a stay of execution of the summary judgment pending the defendant's appeal
  2. 2 What conditions are appropriate for any stay (security, payment of costs, undertakings)
  3. 3 Whether costs should be awarded to the defendant for the stay application

Ratio Decidendi

The stay of execution was granted by consent until final determination of the appeal CA 562/2023 on the conditions that the defendant pay the plaintiffs' summary judgment costs on a 2B basis ($14,698.50) plus disbursements ($1,400) within 10 working days, deposit $200,000 security into his solicitor's trust to be held on irrevocable instructions with undertakings regarding distribution, undertake to deposit specified sale proceeds up to a maximum overall amount of $230,604 into trust if properties are sold prior to final determination, and prosecute the appeal with reasonable diligence; leave reserved for further directions and limited costs memoranda permitted only if defendant continues...

Court Disposition

Stay of execution granted until final determination of appeal CA 562/2023 on specified conditions

Orders

  • Execution of judgment in Whakaruru v Bath [2023] NZHC 2474 is stayed until final determination of appeal CA 562/2023
  • Defendant to pay plaintiffs' costs on a 2B basis of $14,698.50 plus disbursements of $1,400 (total $16,098.50) within 10 working days