24 Mar 2016
TORBAY HOLDINGS LIMITED & ANOR v NAPIER & ORS [2016] NZHC 536
- Citation
- [2016] NZHC 536
- Court
- High Court
The application for a stay was dismissed after balancing factors under r 12 and r 17.29: the appeal would not be rendered nugatory if enforcement proceeded because plaintiffs could be required to repay if successful on appeal; the appellants' grounds were not sufficiently strong to justify a stay; charging orders and security protected the plaintiffs' position; and overall convenience and absence of a demonstrated substantial miscarriage of justice favoured dismissal of the stay application.