New Zealand Case Law: Decisions & Judgments

Topic

Appeal pending

Legal area

Court

20 Jun 2023

MILLS v DALZELL [2023] NZHC 1530

Citation

[2023] NZHC 1530
Court

High Court

The application to stay enforcement of costs was adjourned. Defendants may take steps towards enforcement but the court reserved leave to relist the stay application if enforcement steps will result in sale of either of the plaintiffs' properties or adjudication of bankruptcy before the appeal is determined; such sale or bankruptcy would be halted depending on circumstances and progress of the appeal. Provisional no costs ordered on this interlocutory decision subject to written memoranda if sought.
1 Jun 2018

AFI Management Pty Limited v Lepionka & Company Investments Limited [2018] NZHC 1285

Citation

[2018] NZHC 1285
Court

High Court

LCIL was entitled to costs for the interlocutory application because GLW pursued an unnecessary and meritless application to redeem the mortgage on a 'without prejudice' basis that effectively sought final relief and relitigated earlier findings; indemnity costs were declined because GLW's conduct was not egregious, but increased costs (scale 2B uplifted 50%) were warranted to reflect the unnecessary step and wasted costs, totalling $9,868.50.
14 Oct 2014

SMALL BUSINESS ACCOUNTING (NZ) LIMITED v SAJ RIDGE [2014] NZHC 2512

Citation

[2014] NZHC 2512
Court

High Court

Section 42 applies because the appellant failed to comply with a bankruptcy notice and has appealed the underlying substantive judgment; the appeal is not hopeless on its face, the appellant has not unduly delayed, and the balance of convenience — including risk of rendering appeal nugatory and substantial hardship to the appellant — favors halting the bankruptcy application pending determination of the appeal.
21 Mar 2014

WAIPEREIRA INVESTMENTS LIMITED v IVIL [2014] NZHC 546

Citation

[2014] NZHC 546
Court

High Court

Typographical defects in the bankruptcy notice and application were immaterial and did not defeat compliance with the prescribed forms; the supporting affidavit complied with rules; the appeal lacked a demonstrated high prospect of success and the debtor provided no basis to show he could pay if appeal failed; balancing prejudice, prospects, ability to pay, bona fides and public interest, the Court refused to exercise its s 42 discretion to halt or refuse adjudication and ordered the debtor adjudicated bankrupt.
21 Jun 2006

HKE AL SAFFAF AND C SIEW & ANOR HC AK CIV2006-404-1164

Citation

openlaw-4de824e3_8f0b_4c60_a75a_43d50fd918c8.pdf
Court

High Court

Discretion to grant a stay was exercised against the debtor: the Court found the debtor effectively insolvent with liabilities materially exceeding assets (including contingent SFL liability), bankruptcy was inevitable even if some appeal points succeeded, the debtor had been less than candid about material contingent liability, and deferring the petition would produce unacceptable delay and potential prejudice; accordingly the stay application was dismissed and costs ordered against the debtor.

New Zealand Case Law

MILLS v DALZELL [2023] NZHC 1530

AFI Management Pty Limited v Lepionka & Company Investments Limited [2018] NZHC 1285

SMALL BUSINESS ACCOUNTING (NZ) LIMITED v SAJ RIDGE [2014] NZHC 2512

WAIPEREIRA INVESTMENTS LIMITED v IVIL [2014] NZHC 546

HKE AL SAFFAF AND C SIEW & ANOR HC AK CIV2006-404-1164