16 Jul 2014
WESTERN PARK VILLAGE LIMITED v BAHO & Ors [2014] NZHC 1671
- Citation
- [2014] NZHC 1671
- Court
- High Court
The court granted a conditional stay of execution because the Keung factors and the merits of the appeal (noting arguable errors on contractual interpretation and assessment date for damages) favored a stay provided adequate security was supplied; adequate security was found to be the existing second mortgage combined with a US$127,750 deposit into Court. Consequently the Property Law Act notice and enforcement steps were stayed, the charging orders obtained after sealing were set aside, and the possession application was dismissed.