31 Mar 2021
CALLAGHAN INNOVATION v JOHNSON [2021] NZHC 694
- Citation
- [2021] NZHC 694
- Court
- High Court
The Court dismissed both applications: a pending appeal, even one already heard with judgment reserved, is not by itself a sufficient basis to set aside a bankruptcy notice or a statutory demand. Absent a stay of execution or other indicia of miscarriage of justice, the underlying judgment remains enforceable and the high threshold for exercising the inherent jurisdiction or the Companies Act discretion is not met; applicants must seek a stay and give security or rely on adjudication remedies where appropriate.