18 Oct 2018
GILLIBRAND v SWANEPOEL [2018] NZHC 2700
- Citation
- [2018] NZHC 2700
- Court
- High Court
The Court refused an immediate stay of execution; instead it adjourned the stay application while permitting the judgment creditor to commence enforcement steps, subject to reserve of leave to relist the stay if enforcement steps would 'bite' before the costs appeal is resolved, because enforcement against trust assets is complex and may require court orders and bankruptcy adjudication can be halted under s 42, so the balance of convenience favored allowing enforcement to commence but protecting the appellants from irreversible loss pending appeal.