29 Oct 2021
MZ VENTURES LTD v MILBANK [2021] NZHC 2896
- Citation
- [2021] NZHC 2896
- Court
- High Court
The stay was declined because the appeal would not be rendered nugatory absent a stay (damages would be an adequate remedy for a commercial lease and respondent undertook to allow re-entry if appeal succeeds), the applicant's delay and conduct weighed against relief, and the overall balance of convenience favored allowing the judgment for possession to be enforced pending appeal.
- Possession
- Lease cancellation
- Relief against cancellation
- Stay pending appeal
- Limitations under property law act 2007 s253