24 Oct 2007
M SPACKMAN V QUEENSTOWN LAKES DISTRICT COUNCIL AND ANOR CA CA527/07
- Citation
- openlaw-00cc4485_d578_46b4_bb50_677d1cb9901e.pdf
- Court
- Court of Appeal
Refusal of the stay was justified because the prejudice to the respondents from further delay (loss of opportunity to market lots after substantial expenditure) outweighed the appellant's interest in preserving the appeal; the appellant had prosecuted the appeal slowly, had not prepared a case on appeal, and could not prevent the Council's reconsideration of lot 2; the undertaking as to damages did not cure the prejudice from delay.