HEAZLEWOOD v JOIE DE VIVRE CANTERBURY LTD CA499/2014 [2014] NZCA 515
The Court exercised its discretionary power to grant a conditional stay of execution of the High Court judgment and a stay of the costs decisions, on the condition that the appellant immediately applies for urgency to have the substantive appeal heard; leave was reserved to vary the orders if circumstances change.
Source-derived case information.
- Citation
- [2014] NZCA 515
- Parties
- Appellant: Susan Marie Heazlewood; Respondent: Joie de Vivre Canterbury Ltd
- Court
- Court of Appeal
- Jurisdiction
- New Zealand
- Judgment Date
- 23 October 2014
- Procedural Posture
- Appeal / Court of Appeal – Stay Application
- Outcome
- Stay of execution granted subject to condition that appellant apply forthwith for urgency; stay extended to costs decisions in two High Court judgments; leave reserved to vary orders.
- Legal Topics
- Stay of Execution, Stay of Costs Orders, Urgency Application
Source-derived case record
Summary, issues, holding and outcome
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Parties
Susan Marie Heazlewood
Appellant
Joie de Vivre Canterbury Ltd
Respondent
Procedural Posture
Appeal / Court of Appeal – Stay Application
Legal Issues
- 1 Whether a stay of execution of the High Court judgment should be granted pending appeal
- 2 Whether the stay should extend to the costs decisions in two High Court judgments
- 3 What conditions should be imposed for granting a stay (urgency/application to bring substantive appeal on urgently)
Ratio Decidendi
The Court exercised its discretionary power to grant a conditional stay of execution of the High Court judgment and a stay of the costs decisions, on the condition that the appellant immediately applies for urgency to have the substantive appeal heard; leave was reserved to vary the orders if circumstances change.
Court Disposition
Stay of execution granted subject to condition that appellant apply forthwith for urgency; stay extended to costs decisions in two High Court judgments; leave reserved to vary orders.
Orders
- A stay of execution of the High Court judgment in Heazlewood v Joie de Vivre Canterbury Ltd [2014] NZHC 2125 is granted, on condition that the appellant apply forthwith for urgency for the hearing of her substantive appeal.
- A stay of execution is ordered in respect of the costs decisions made against the present appellant in [2014] NZHC 2125 and [2014] NZHC 2197.
Full Case Text
Judgment text and source record
1 paragraphs
HEAZLEWOOD v JOIE DE VIVRE CANTERBURY LTD CA499/2014 [2014] NZCA 515 [23 October 2014]IN THE COURT OF APPEAL OF NEW ZEALANDCA499/2014[2014] NZCA 515BETWEEN SUSAN MARIE HEAZLEWOODAppellantAND JOIE DE VIVRE CANTERBURY LTDRespondentHearing: 23 October 2014Court: Miller, Heath and Dobson JJCounsel: A M Corry for appellantJ E Bayley for respondentJudgment: 23 October 2014 at 3.30 pmJUDGMENT OF THE COURTA A stay of execution of the High Court judgment in Heazlewood v Joie de Vivre Canterbury Ltd [2014] NZHC 2125 is granted, on condition that the appellant apply forthwith for urgency for the hearing of her substantive appeal.B A stay of execution is ordered in respect of the costs decisions made against the present appellant in [2014] NZHC 2125 and [2014] NZHC 2197.C Leave is reserved to the parties to apply to vary the terms of the orders made, should further circumstances warrant such application.____________________________________________________________________[Reasons to follow]Solicitors:Godfreys Law, Christchurch for AppellantRhodes & Co, Christchurch for Respondent