30 Aug 2016
BRIAN CULLEN v CAROL ILEEN CULLEN [2016] NZHC 2032
- Citation
- [2016] NZHC 2032
- Court
- High Court
The High Court, once seized of an appeal, has jurisdiction under HCR 20.19 read with HCR 1.2 to make interim orders equivalent to those available in the Family Court under s25(4) PRA; applying that discretion, the Court will permit the appellant to lease the crayfish quota and apply proceeds to remedy mortgage arrears and service repayments pending the appeal because this approach is likely to preserve the assets and allow an orderly final resolution without unjust prejudice to the respondent, with any adjustment to equities to be addressed by the trial judge on final determination.