CLARKE V KARAITIANA CA256/2010

CLARKE V KARAITIANA CA256/2010

The Court declined the stay because the applicant did not satisfy the requirements for interlocutory relief; the Court exercised its discretion to grant intervener status limited to the stay application and reserved consideration of intervener status in relation to the appeal; costs were reserved.

Source-derived case information.

Citation
openlaw-00b00214_36e0_47da_b556_383788c327a8.pdf
Parties
Applicant: Peter Tukiterangi Clarke; Respondent: Harvey Karaitiana; Intervener: Intervener (unnamed in heading)
Court
Court of Appeal
Jurisdiction
New Zealand
Judgment Date
26 October 2010
Procedural Posture
Application for Stay Pending Appeal / Interlocutory Stay Application Heard in the Court of Appeal (oral Hearing 19 October 2010); Judgment Delivered 26 October 2010
Outcome
Application for stay declined; intervener status granted for the purposes of the stay application only; intervener application in respect of the appeal reserved; costs reserved.
Legal Topics
Stay of Proceedings, Intervener Application, Costs Reservation
Civil Procedure Appeal Interlocutory Relief Stay of Proceedings Intervener Application Costs Reservation

Source-derived case record

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Parties

Peter Tukiterangi Clarke

Applicant

Harvey Karaitiana

Respondent

Intervener (unnamed in heading)

Intervener

Procedural Posture

Application for Stay Pending Appeal / Interlocutory Stay Application Heard in the Court of Appeal (oral Hearing 19 October 2010); Judgment Delivered 26 October 2010

Legal Issues

  1. 1 Whether a stay of proceedings should be granted pending appeal
  2. 2 Whether intervener status should be granted for the stay application and/or the appeal

Ratio Decidendi

The Court declined the stay because the applicant did not satisfy the requirements for interlocutory relief; the Court exercised its discretion to grant intervener status limited to the stay application and reserved consideration of intervener status in relation to the appeal; costs were reserved.

Court Disposition

Application for stay declined; intervener status granted for the purposes of the stay application only; intervener application in respect of the appeal reserved; costs reserved.

Orders

  • The application for a stay is declined.
  • The application for intervener status is granted for the purposes of the application for a stay only; the application in respect of the appeal is reserved for further consideration.