3 Aug 2012
MAWHINNEY V AUCKLAND COUNCIL HC AK CIV-2011-404-002143
- Citation
- openlaw-4541e6cc_976d_4f56_ae1d_39d754bc1ff4.pdf
- Court
- High Court
The Court held that staying the proceeding for non-payment of security did not preclude dismissal under r 20.13(5); however, because the respondent would not suffer undue prejudice by the appeal remaining stayed in the short term, the Court exercised its discretion to grant an 'unless' order rather than immediate dismissal: appellant must pay $3,500 security into court by 16 November 2012 or the appeal will be dismissed; if security is paid the Court set timetable directions for hearing; costs of the dismissal application reserved as costs in the cause.