WOOTTON v WOOTTON [2020] NZCA 474

WOOTTON v WOOTTON [2020] NZCA 474

The Court declined the application for a stay because the applicant did not establish the necessary grounds to warrant a stay pending determination of the leave to appeal application under s 56(5) of the Senior Courts Act 2016.

Source-derived case information.

Citation
[2020] NZCA 474
Parties
Applicant: Margaret Ann Wootton; Respondent: Phillip Garry Wootton
Court
Court of Appeal
Jurisdiction
New Zealand
Judgment Date
5 October 2020
Procedural Posture
Application for Stay of Proceedings Pending Leave to Appeal / Court of Appeal Determination on Application for Stay (on the Papers)
Outcome
Application for a stay of proceedings declined
Legal Topics
Stay of Proceedings, Leave to Appeal, Senior Courts Act 2016 S 56(5)
Civil Procedure Appellate Practice Stay of Proceedings Leave to Appeal Senior Courts Act 2016 S 56(5)

Source-derived case record

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Parties

Margaret Ann Wootton

Applicant

Phillip Garry Wootton

Respondent

Procedural Posture

Application for Stay of Proceedings Pending Leave to Appeal / Court of Appeal Determination on Application for Stay (on the Papers)

  1. 1 Whether a stay of proceedings should be granted pending determination of an application for leave to appeal under s 56(5) of the Senior Courts Act 2016

Ratio Decidendi

The Court declined the application for a stay because the applicant did not establish the necessary grounds to warrant a stay pending determination of the leave to appeal application under s 56(5) of the Senior Courts Act 2016.

Court Disposition

Application for a stay of proceedings declined

Orders

  • The application for a stay of proceedings pending the determination of an application for leave to appeal under s 56(5) of the Senior Courts Act 2016 from the judgment [2020] NZHC 2584 is declined.