23 Mar 2018
MIKE PERO MORTGAGES LIMITED v PERO [2018] NZHC 528
- Citation
- [2018] NZHC 528
- Court
- High Court
A stay of enforcement under High Court Rules 2016 r 17.29 was required because there was a clear and likely risk of a substantial miscarriage of justice if the charged shares were sold now — sale would irreversibly alter the status quo and could defeat related shareholder remedies in CIV 1035; MPRE had no urgent need for funds and there was no real risk of a shortfall if applicants failed in CIV 1035, therefore the balance of justice required a stay until 5 pm 28 September 2018 to allow pursuit of CIV 1035 and appeal.