WANOA V PEPPER CUSTODIANS (NEW ZEALAND) LIMITED HC AK CIV-2013-404-1777
The High Court dismissed the stay application and revoked the interim stay because the appellant failed to demonstrate sufficient grounds and the balance of convenience favoured allowing the respondent to enforce the possession order pending the appeal; consequently, no stay of execution was warranted.
Source-derived case information.
- Citation
- openlaw-69cca437_d915_4371_b230_f8246626c55a.pdf
- Parties
- Appellant: Wiremu Wanoa; Respondent: Pepper Custodians (New Zealand) Limited
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 12 April 2013
- Procedural Posture
- High Court Application for Stay of Execution on Appeal From District Court Decision Upholding Tenancy Tribunal Orders / Hearing and Determination of Urgent Stay Application; Oral Judgment Delivered; Written Reasons to Follow
- Outcome
- Stay application dismissed and interim stay revoked
- Legal Topics
- Stay of Proceedings, Stay of Execution, Possession Orders, Interim Relief, Costs
Source-derived case record
Summary, issues, holding and outcome
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Parties
Wiremu Wanoa
Appellant
Pepper Custodians (New Zealand) Limited
Respondent
Procedural Posture
High Court Application for Stay of Execution on Appeal From District Court Decision Upholding Tenancy Tribunal Orders / Hearing and Determination of Urgent Stay Application; Oral Judgment Delivered; Written Reasons to Follow
Legal Issues
- 1 Whether a stay of proceedings and stay of execution should be granted pending appeal to the High Court
- 2 Whether the interim stay previously granted should be continued or revoked
- 3 Whether the appellant demonstrated sufficient grounds and balance of convenience in his favour
Ratio Decidendi
The High Court dismissed the stay application and revoked the interim stay because the appellant failed to demonstrate sufficient grounds and the balance of convenience favoured allowing the respondent to enforce the possession order pending the appeal; consequently, no stay of execution was warranted.
Court Disposition
Stay application dismissed and interim stay revoked
Orders
- Stay application dismissed
- Interim stay order of 10 April 2013 revoked
Full Case Text
Judgment text and source record
1 paragraphs
WANOA V PEPPER CUSTODIANS (NEW ZEALAND) LIMITED HC AK CIV-2013-404-1777 [12 April 2013]IN THE HIGH COURT OF NEW ZEALANDAUCKLAND REGISTRYCIV-2013-404-1777[2013] NZHC 764BETWEEN WIREMU WANOAAppellantAND PEPPER CUSTODIANS (NEWZEALAND) LIMITEDRespondentHearing: 12 April 2013Appearances: Appellant in personE Cox and I Miller for RespondentJudgment: 12 April 2013(ORAL) JUDGMENT OF KATZ JSolicitors / Parties: Mr W Wanoa Mr E Cox / Mr I Miller, Gibson Sheat, Solicitors, Wellington[1] On 24 December 2012 the Tenancy Tribunal made orders terminatingWiremu Wanoa's tenancy of two properties in Pokeno. Possession was granted to the respondent, Pepper Custodians (New Zealand) Limited ("Pepper"), effectivemidnight on Sunday, 20 January 2013.[2] Mr Wanoa appealed that decision to the District Court on 8 April 2013. His appeal was dismissed by Judge M-E Sharp. Mr Wanoa immediately filed a furtherappeal to this Court, and also filed an application for "stay of proceedings and stay of execution" ("Stay Application") which first came before me on an urgent basis in the Duty Judge List on 10 April 2012. The full background to that is set out in my Minute of 11 April 2013. At that time I made an interim stay order.[3] I have heard full argument of the Stay Application today. The Stay Application is dismissed. My interim stay order of 10 April 2013 is revoked. Written reasons to follow.[4] Leave is reserved to file memoranda on costs. Any memorandum from the respondent is to be filed and served within 14 days of my written reasons being delivered, with the applicant's memorandum 7 days thereafter._________________________ Katz J