20 Mar 2013
NORFOLK NOMINEES LIMITED V KING HC CHCH CIV-2012-409-002082
- Citation
- openlaw-15060432_1e0d_4817_8d0b_dfd010482c62.pdf
- Court
- High Court
Applying r12 balancing principles the Court found the prejudice to Norfolk Nominees from delaying possession (risk of erosion of equity, ongoing 22% penalty interest compounding, uninsured property and inability to secure a valuation) outweighed the prejudice to Mr King of loss of interim occupation; the appeal was not shown to be nugatory and the applicant's grounds did not justify a stay, therefore the stay of execution was refused and costs were ordered against the applicant.