New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Adls clause 8 interpretation
  • 17 May 2021

    YU v BRADLEY [2021] NZHC 1098

    Citation
    [2021] NZHC 1098
    Court
    High Court

    Grant partial stay: decline stay in respect of $300,000 of the $449,635.85 judgment sum and allow that amount to be paid to respondents conditional on formal undertakings by the Bradleys and the Carrs; keep $149,000 in applicant's solicitor trust to ensure immediate repayment ability if appeal succeeds. Decision based on balancing prejudice, finding respondents have sufficient assets (shareholder loan and family home equity) and binding undertakings provide adequate security for the retained portion while protecting applicant's access to some funds.