New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Jurisdiction to stay non-executory judgments
  • 22 Jun 2012

    DIVER V LOKTRONIC INDUSTRIES LIMITED COA CA258/2011

    Citation
    COA CA258/2011
    Court
    Court of Appeal

    Pursuant to r30(2) the Court had power to stay execution of its costs order and to grant interim relief directing the High Court not to dismiss Loktronic's bankruptcy proceeding and not to release Assa Abloy's bank guarantee; the balance of convenience favoured Loktronic and the appellants' security for costs must not be paid out while the stay remains in force.

    • Stay of execution
    • Interim relief under supreme court rules r30(2)
    • Jurisdiction to stay non-executory judgments
    • Bankruptcy proceeding
    • Bank guarantee
    • Security for costs