16 Nov 2009
PRASAD V INDIANA PUBLICATIONS (NZ) LTD AND ORS HC AK CIV-2009-404-0856
- Citation
- openlaw-741fb7a1_4e31_4251_9b1a_03e7401ab36c.pdf
- Court
- High Court
The Court exercised its discretion to grant a stay pending further order because the defendants had filed and were prosecuting their appeal, a stay would avoid wasted interlocutory costs, and the plaintiff would suffer no prejudice given the trial timetable; the application to transfer under s64 was declined because the statutory criteria for exceptional circumstances were not met and the Court of Appeal should not be used as a first instance forum for matters involving factual determinations.