YINGQIU ZHANG v WESTPAC NZ LTD [2022] NZCA 134
The application for a stay of execution was dismissed because the Supreme Court declined leave to appeal, rendering the stay application moot.
Source-derived case information.
- Citation
- [2022] NZCA 134
- Parties
- Appellant: Yingqiu Zhang; Respondent: Westpac New Zealand Limited
- Court
- Court of Appeal
- Jurisdiction
- New Zealand
- Judgment Date
- 13 April 2022
- Procedural Posture
- Appeal; Application for Stay of Execution Pending Supreme Court Leave / Determination on the Papers; Supreme Court Declined Leave Making the Application Moot
- Outcome
- Application for stay of execution dismissed.
- Legal Topics
- Stay of Execution, Bankruptcy Notice, Summary Judgment, Mortgagee Sale, Leave to Appeal to Supreme Court, Mootness
Source-derived case record
Summary, issues, holding and outcome
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Parties
Yingqiu Zhang
Appellant
Westpac New Zealand Limited
Respondent
Procedural Posture
Appeal; Application for Stay of Execution Pending Supreme Court Leave / Determination on the Papers; Supreme Court Declined Leave Making the Application Moot
Legal Issues
- 1 Whether a stay of execution should be granted pending determination of the applicant's application for leave to appeal to the Supreme Court
- 2 Whether the application for a stay is moot once the Supreme Court declines leave
Ratio Decidendi
The application for a stay of execution was dismissed because the Supreme Court declined leave to appeal, rendering the stay application moot.
Court Disposition
Application for stay of execution dismissed.
Orders
- Application for stay of execution dismissed.
Full Case Text
Judgment text and source record
1 paragraphs
YINGQIU ZHANG v WESTPAC NZ LTD [2022] NZCA 134 [13 April 2022]IN THE COURT OF APPEAL OF NEW ZEALANDI TE KŌTI PĪRA O AOTEAROACA521/2019[2022] NZCA 134BETWEEN YINGQIU ZHANGAppellantAND WESTPAC NEW ZEALAND LIMITEDRespondentCounsel: Appellant in person B J Upton and L B Harrison for RespondentJudgment:(On the papers)13 April 2022 at 2 pmJUDGMENT OF GILBERT JThe application for a stay of execution is dismissed.____________________________________________________________________REASONS[1] Ms Zhang defaulted on loans obtained from Westpac and secured by registered mortgages over two properties. There was a shortfall following sale of these properties by Westpac as mortgagee. Westpac then obtained summary judgment against Ms Zhang for the shortfall.[2] Following non-payment of the judgment sum, Westpac served a bankruptcy notice on Ms Zhang. The High Court declined Ms Zhang's application to set asidethe bankruptcy notice and adjudicated her bankrupt.1 Ms Zhang's appeal against this judgment was dismissed by this Court on 10 December 2021. 2[3] Ms Zhang then applied for leave to appeal to the Supreme Court. She also applied to this Court for a stay of execution of the judgment pending determination of her application for leave to the Supreme Court. This latter application is now before me for determination on the papers.[4] The application for a stay of execution must be dismissed because the Supreme Court has now declined leave for Ms Zhang's proposed appeal.3The application for a stay of execution pending further appeal is therefore moot.Result[5] The application for a stay of execution is formally dismissed.Solicitors:Simpson Grierson, Auckland for Respondent1 Zhang v Westpac New Zealand Ltd [2019] NZHC 2422.2 Zhang v Westpac New Zealand Ltd [2021] NZCA 672.3 Zhang v Westpac New Zealand Ltd [2022] NZSC 34.