WOOLF v KAYE [2019] NZHC 1046

WOOLF v KAYE [2019] NZHC 1046

Because the parties had settled and jointly consented, the court lifted the stay that had been ordered pending appeal and permitted sealing of the prior substantive judgment and the costs order.

Citation
[2019] NZHC 1046
Parties
First Plaintiff: Virginia Woolf; Second Plaintiff: Virginia Woolf as Executor of the Estate of Noel Bernard Woolf; First Defendant: Alwyn Bernard Kaye (previously known as Alwyn Bernard Woolf); Second Defendant: Mark William Sydney Clark as Executor of the Estate of Violet Isabel Woolf
Court
High Court
Jurisdiction
New Zealand
Judgment Date
14 May 2019
Procedural Posture
Civil Claim (property/estate Dispute) / Post Judgment; Stay Pending Appeal Lifted by Consent and Orders to Be Sealed
Outcome
Stay lifted; sealing of prior substantive and costs orders authorised
Legal Topics
Stay of Execution, Sealing of Judgments, Costs, Consent Orders, Appeal
Civil Procedure Estate Administration Equity Stay of Execution Sealing of Judgments Costs Consent Orders Appeal

Case Brief

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Parties

Virginia Woolf

First Plaintiff

Virginia Woolf as Executor of the Estate of Noel Bernard Woolf

Second Plaintiff

Alwyn Bernard Kaye (previously known as Alwyn Bernard Woolf)

First Defendant

Mark William Sydney Clark as Executor of the Estate of Violet Isabel Woolf

Second Defendant

Procedural Posture

Civil Claim (property/estate Dispute) / Post Judgment; Stay Pending Appeal Lifted by Consent and Orders to Be Sealed

Legal Issues

  1. 1 whether to lift stay of enforcement of judgment pending appeal
  2. 2 whether to seal the substantive judgment and costs order
  3. 3 enforceability of costs order following settlement

Ratio Decidendi

Because the parties had settled and jointly consented, the court lifted the stay that had been ordered pending appeal and permitted sealing of the prior substantive judgment and the costs order.

Court Disposition

Stay lifted; sealing of prior substantive and costs orders authorised

Orders

  • Order lifting the stay made in the judgment dated 13 November 2018
  • Order permitting Mr Kaye to seal the orders set out in [381] of the substantive judgment dated 1 October 2018