31 Jan 2022
TE MANAWA O TŪHOE TRUST v MCDONNELL [2022] NZCA 1
- Citation
- [2022] NZCA 1
- Court
- Court of Appeal
The stay was declined because, on the balance of convenience, the appeal would not be rendered nugatory absent a stay and the Trust's bona fides were not in doubt, but reversal of reinstatement would injure the respondent and the Trust's failure to comply with the Employment Court judgment weighed against granting a stay; urgency was granted and leave was reserved to file a fresh stay application if leave to appeal is granted to permit full argument on the jurisdictional issue between r 12(3) and s 126.