STRACHAN v MOODIE [2014] NZHC 127

STRACHAN v MOODIE [2014] NZHC 127

Stay of execution granted to prevent the appellant from committing an act of bankruptcy while the appeal is pending; no condition for security for costs imposed given the prompt nature of the application; requirement to seek Fast Track listing is unnecessary because suitability is for the Court of Appeal to decide; leave reserved for the creditor to apply for further directions or rescission of the stay if the appeal is not pursued promptly, and costs of the stay application fixed on a 2B basis to follow the event.

Citation
[2014] NZHC 127
Parties
Judgment Creditor: Elizabeth Grace Strachan; Judgment Debtor: Robert Alexander Moodie
Court
High Court
Jurisdiction
New Zealand
Judgment Date
13 February 2014
Procedural Posture
Appeal From Refusal to Set Aside a Bankruptcy Notice Under the Insolvency Act 2006 / Application for Stay Pending Appeal
Outcome
Stay of execution of the judgment dated 11 December 2013 granted; time for payment pursuant to the bankruptcy notice extended until further order of the Court.
Legal Topics
Stay of Execution, Bankruptcy Notice, Fast Track Appeal, Security for Costs
Insolvency Civil Procedure Appeal Stay of Execution Bankruptcy Notice Fast Track Appeal Security for Costs

Case Brief

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Parties

Elizabeth Grace Strachan

Judgment Creditor

Robert Alexander Moodie

Judgment Debtor

Procedural Posture

Appeal From Refusal to Set Aside a Bankruptcy Notice Under the Insolvency Act 2006 / Application for Stay Pending Appeal

Legal Issues

  1. 1 Whether execution of the judgment should be stayed pending appeal
  2. 2 Whether conditions should be imposed on any stay, specifically security for costs and a requirement to seek fast track listing
  3. 3 Whether this Court or the Court of Appeal determines fast track suitability

Ratio Decidendi

Stay of execution granted to prevent the appellant from committing an act of bankruptcy while the appeal is pending; no condition for security for costs imposed given the prompt nature of the application; requirement to seek Fast Track listing is unnecessary because suitability is for the Court of Appeal to decide; leave reserved for the creditor to apply for further directions or rescission of the stay if the appeal is not pursued promptly, and costs of the stay application fixed on a 2B basis to follow the event.

Court Disposition

Stay of execution of the judgment dated 11 December 2013 granted; time for payment pursuant to the bankruptcy notice extended until further order of the Court.

Orders

  • Stay execution of the judgment of 11 December 2013 [2013] NZHC 3312; time for payment under the bankruptcy notice extended until further order of this Court.
  • Leave reserved to the judgment creditor to apply on three days notice for further directions or for amendment/rescission of the stay if the appeal is not pursued as quickly as reasonably possible.