30 Jul 2021
PRAIN v SMITH [2021] NZHC 1949
- Citation
- [2021] NZHC 1949
- Court
- High Court
The s 13 statutory elements for adjudication were satisfied and thus a prima facie case existed, but in the exercise of the court's discretion under s 38 (and having regard to s 42 factors because an appeal was pending) the court ordered a halt to the adjudication until the Court of Appeal determines the appeal and until the judgment creditor provides evidence that the awarded costs exceed any limitation to costs properly attributable to the individual judgment creditor.