New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Limitations

Legal area

Court

30 Jul 2012

CLEARWATER COVE APARTMENTS and ORS v AUCKLAND COUNCIL and ANOR HC AK CIV-2011-404-5751

Citation

openlaw-41f0e3a8_7509_4018_9f57_aadcc1ad901d.pdf
Court

High Court

Given deliberate steps to avoid s 55, non-disclosure of the joint venture to the WHT, provisional findings in related proceedings suggesting WHHL's insolvency, and the merits of the appeal, the court exercised its discretion under r 20.13 to order additional security but declined the full sum sought; further security of $5,000 was ordered and failure to pay will stay the appeal.
24 Sept 2008

PHILLIP HUGH PURDIE V TERENCE ALEXANDER MIKKELSEN AKA TERRY MIKKELSEN HC AK CIV 2008-404-000036

Citation

openlaw-1726abe1_7fa7_45cb_b27c_24d2e89cb0d7.pdf
Court

High Court

The Court adjourned the application to enforce the Texas judgment because the defendant's Texas appeal raises a substantive issue (constitutionality of a tolling statute) with sufficient merit, adjournment avoids duplicate hearings and expense, there was no evidence justifying security, and it is appropriate to review progress by late February 2009.