New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Supplementary orders
  • 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…