12 May 2023
NICOL v ALI (Application for stay and supplementary orders) [2023] NZHC 1141
- Citation
- [2023] NZHC 1141
- Court
- High Court
The application for stay of execution was declined because the appeal had been certified as abandoned and there was no demonstrated risk of substantial miscarriage of justice under r 17.29; accordingly enforcement should proceed. The court declined to make the supplementary seizure and sale orders sought because the High Court Rules’ enforcement scheme and r 17.62’s exceptions constrain seizure of necessary tools and household effects, and relief beyond those rules was not authorised; the rights of an entitled possessor to remove or store trespassing chattels (and recover costs) are governed…