8 Jul 2011
GODFREY HIRST N Z LIMITED HC WN CIV-2011-485-1257
- Citation
- openlaw-f9e5b953_c8ea_444b_b322_01b7d9eaf7e7.pdf
- Court
- High Court
The Court granted the stay because the appeal was at least arguable, the risk that completion would render the appeal nugatory was real, and the balance of factors (including that the hearing could be expedited and that those seeking the authorisation bear the commercial risk of completion) favoured preserving the appeal right; an undertaking as to damages was not required because appellants were pursuing public interest competition concerns and the evidence did not justify the exceptional imposition of damages undertakings.