23 Jun 2020
DAISLEY v ARK CONTRACTORS LTD [2020] NZHC 1432
- Citation
- [2020] NZHC 1432
- Court
- High Court
The court granted a stay of execution against the first and second defendants pending the appeal because the balance of convenience favored a stay: appellants demonstrated bona fides and a real risk that forced sale of the Knight Road property in the current market would render the appeal nugatory, the plaintiff provided no evidence of ability to repay if appeal succeeds, and post‑judgment interest sufficiently protects the plaintiff's interests.