11 Dec 2014
MA v TAY & ORS CA643/2013 [2014] NZCA 608
- Citation
- [2014] NZCA 608
- Court
- Court of Appeal
The Court of Appeal has jurisdiction to grant leave under s 76(2) to continue an appeal where the respondent is bankrupt; leave was granted because there was a real benefit to the appellant if the appeal succeeded and the appeal met the threshold of being sustainable on its pleaded basis (sufficient evidence of causation for a distress claim at a threshold level). The appeal was allowed and the High Court costs order against the appellant was set aside; no order for costs on appeal.