New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Stay of enforcement pending appeal

  • 18 Sept 2018

    GLW Group Limited v Lepionka & Company Investments Limited [2018] NZHC 2445

    Citation
    [2018] NZHC 2445
    Court
    High Court

    Paterson's caveat and defence were unreasonable and unsupported by evidence; an uplift on scale costs is warranted but indemnity costs or a 50% uplift are excessive. Award 2B scale costs uplifted 20% against Paterson, excluding second counsel charges. Costs against GLW lie where they fall because GLW obtained a preserving undertaking (partial success) but failed on other points and is now in liquidation; the Court may nonetheless make costs orders after giving the liquidator notice.

    • Caveat removal
    • Stay of enforcement pending appeal
    • Costs uplift/indemnity
    • Liquidation and costs

  • 8 Aug 2016

    KIBBLE v LAMBDA [2016] NZHC 1832

    Citation
    [2016] NZFLR 1038
    Court
    High Court

    An application for leave under s139A is properly characterised as a new proceeding that is finally determined by the Family Court's decision on leave; it is not an interlocutory application for the purposes of s143, so the High Court has jurisdiction to hear an appeal as of right and to determine an application for stay of enforcement pending that appeal.

    • Care of children act 2004
    • S139a leave to commence substantially similar proceedings
    • S143 appeals to high court
    • Interlocutory vs final determination
    • Stay of enforcement pending appeal

  • 28 Jun 2016

    BRUCE ALAN MEAD v HARRY MEMELINK [2016] NZHC 1430

    Citation
    [2016] NZHC 1430
    Court
    High Court

    The application to set aside the bankruptcy notice was dismissed because the pending appeal did not amount to a cross-claim under s17 of the Insolvency Act 2006; the Court held that a stay of enforcement pending appeal should be sought under High Court Rules r20.10 rather than in the bankruptcy jurisdiction.

    • Bankruptcy notice
    • Set aside
    • Stay of enforcement pending appeal
    • Cross-claim under s17
    • High court rules r20.10

  • 19 Dec 2012

    SUSAN MARGARET LEE V BRODIE JANE ARCHER HC CHCH CIV-2012-409-002048

    Citation
    openlaw-5520af53_a00a_4689_a2c7_7024cd5a239d.pdf
    Court
    High Court

    A grant of Letters of Administration founded on an affidavit that was false in a material respect justified recall; neither a bare claim of privacy nor speculative risk to administration nor the existence of an appeal justified staying publication or enforcement because the de facto partner had priority to apply, would likely be appointed if no stay, the successful party suffered significant injurious effect, and public interest in protecting court process and deterring false affidavits outweighed the appellant's interests.

    • Letters of administration
    • Recalling grant
    • False affidavit
    • De facto relationship
    • Stay of publication
    • Stay of enforcement pending appeal