2 Dec 2013
THE OFFICIAL ASSIGNEE AT HAMILTON v LEWTYN MICHAEL SCOTT [2013] NZHC 2945
- Citation
- [2013] NZHC 2945
- Court
- High Court
Stay denied because appellant failed to file evidence or submissions, principal asset (Pillans Road) was already sold by the mortgagee, remaining assets were minimal or in possession of the respondent and could be realised with proceeds held in trust, and granting a stay would likely encourage delay and prejudice creditors such that the interests of justice required execution to proceed with safeguards (trust account holding of proceeds).