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)
Source-derived case record
Summary, issues, holding and outcome
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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)
Legal Issues
- 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.
Full Case Text
Judgment text and source record
1 paragraphs
WOOTTON v WOOTTON [2020] NZCA 474 [5 October 2020]IN THE COURT OF APPEAL OF NEW ZEALANDI TE KŌTI PĪRA O AOTEAROACA566/2020[2020] NZCA 474BETWEEN MARGARET ANN WOOTTONApplicantAND PHILLIP GARRY WOOTTONRespondentCourt: Brown JCounsel: Applicant in personE J Collins for RespondentJudgment:(On the papers)5 October 2020 at 10.10 amJUDGMENT OF THE COURTThe application for a stay of proceedings pending the determination of anapplication for leave to appeal under s 56(5) of the Senior Courts Act 2016 fromthe judgment [2020] NZHC 2584 is declined.____________________________________________________________________[Reasons to follow]Solicitors:Collins & May Law, Lower Hutt