8 Jun 2011
BAY CITIES REAL ESTATE V RE/MAX NZ HC NAP CIV 2010-441-134
- Citation
- openlaw-7d0d0c20_78c1_4ae0_979c_c2af6f8d6d0a.pdf
- Court
- High Court
The review is dismissed. The Associate Judge did not err in principle or act plainly wrong in staying enforcement under r17.29: 'likely' was correctly treated as a real and substantial risk that enforcement would render Bay Cities' claim nugatory by precipitating liquidation; a no set-off clause is relevant but not decisive; on the evidence (notably MacDonald's affidavit) it was open to infer liquidation was probable and that enforcement would cause a substantial miscarriage of justice; accordingly the stay of enforcement of the summary judgment against Bay Cities and its guarantors was justi…