9 Oct 2015
SHOTTER AND MBT LTD AS TRUSTEES OF THE SHOTTER FAMILY TRUST v KOKAKO FARMS LTD [2015] NZHC 2479
- Citation
- [2015] NZHC 2479
- Court
- High Court
The court refused consolidation/joint hearing and applications to adjourn or stay the Company proceeding because although the proceedings all arise from the same relationship property agreement they raise discrete issues (transfer of property versus monetary remedies), the summary judgment application is interlocutory and cannot be consolidated with other proceedings, the Company proceeding was first in time and set down without objection, and adequate protective remedies (stay of execution or appeal) exist; accordingly consolidation and stay were not justified.