SKIDS PROGRAM MANAGEMENT LIMITED V MCNEILL HC AK CIV-2010-404-1696

SKIDS PROGRAM MANAGEMENT LIMITED V MCNEILL HC AK CIV-2010-404-1696

The Court exercised its discretion balancing prejudice and practicalities and concluded defendants would suffer substantial prejudice if stay granted; accordingly the stay was denied in part and granted in part with conditions: immediate unconditional payments to the third defendant of NZD 28,000 and to the first defendant of NZD 14,000, and the balance NZD 13,610 plus interest to be paid into defendants' solicitors' trust account by a specified date with restraints on disposal of specified vehicles pending payment; failure to comply causes the conditional stay to lapse; costs on a 2B basis to defendants.

Citation
openlaw-237f22ab_1fbb_4167_bbcc_eaeffc776410.pdf
Parties
First Plaintiff: SKIDS PROGRAM MANAGEMENT LIMITED; Second Plaintiff: SKIDS HOLDINGS LIMITED; Third Plaintiff: SAFE KIDS IN DAILY SUPERVISION LIMITED (FORMERLY KNOWN AS KIDS NEW ZEALAND LIMITED); First Defendant: BARBARA WINSOME MCNEILL; Second Defendant: MCNEILL ENTERPRISES LIMITED; Third Defendant: NATASHA MAY-BABETTE MCNEILL-O'KEEFFE; Fourth Defendant: AATA BAYKIDS LIMITED; Fifth Defendant: KIDS CHOICE LIMITED
Court
High Court
Jurisdiction
New Zealand
Judgment Date
20 December 2011
Procedural Posture
Civil Proceedings Application for Stay of Execution Pending Appeal / Stay Application Pending Appeal of Substantive Judgment and Costs Judgment
Outcome
Application partly dismissed and partly granted: unconditional immediate payments ordered to two defendants and conditional stay of execution ordered for the balance subject to payment into trust and asset restraints; costs awarded to defendants on a 2B basis.
Legal Topics
Stay of Execution, Costs Judgment, Security for Repayment, Restraint of Trade, Copyright, Confidential Information, Balance of Convenience
Civil Procedure Appeals Costs Restraint of Trade Intellectual Property Equitable Remedies Stay of Execution Costs Judgment +4 more

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Parties

SKIDS PROGRAM MANAGEMENT LIMITED

First Plaintiff

SKIDS HOLDINGS LIMITED

Second Plaintiff

SAFE KIDS IN DAILY SUPERVISION LIMITED (FORMERLY KNOWN AS KIDS NEW ZEALAND LIMITED)

Third Plaintiff

BARBARA WINSOME MCNEILL

First Defendant

MCNEILL ENTERPRISES LIMITED

Second Defendant

NATASHA MAY-BABETTE MCNEILL-O'KEEFFE

Third Defendant

AATA BAYKIDS LIMITED

Fourth Defendant

KIDS CHOICE LIMITED

Fifth Defendant

Procedural Posture

Civil Proceedings Application for Stay of Execution Pending Appeal / Stay Application Pending Appeal of Substantive Judgment and Costs Judgment

Legal Issues

  1. 1 Whether a stay of execution of a costs judgment should be granted pending appeal
  2. 2 Whether payment to successful defendants should be unconditional or subject to security or payment into trust
  3. 3 Whether the appeal would be rendered nugatory by payment

Ratio Decidendi

The Court exercised its discretion balancing prejudice and practicalities and concluded defendants would suffer substantial prejudice if stay granted; accordingly the stay was denied in part and granted in part with conditions: immediate unconditional payments to the third defendant of NZD 28,000 and to the first defendant of NZD 14,000, and the balance NZD 13,610 plus interest to be paid into defendants' solicitors' trust account by a specified date with restraints on disposal of specified vehicles pending payment; failure to comply causes the conditional stay to lapse; costs on a 2B basis to defendants.

Court Disposition

Application partly dismissed and partly granted: unconditional immediate payments ordered to two defendants and conditional stay of execution ordered for the balance subject to payment into trust and asset restraints; costs awarded to defendants on a 2B basis.

Orders

  • Dismiss application for stay in respect of NZD 28,000; third defendant entitled to immediate unconditional payment of NZD 28,000
  • Dismiss application for stay in respect of NZD 14,000; first defendant entitled to immediate unconditional payment of NZD 14,000