23 Apr 2015
S M HEAZLEWOOD v JOIE DE VIVRE CANTERBURY LTD [2015] NZCA 127
- Citation
- [2015] NZCA 127
- Court
- Court of Appeal
The Court varied the stay on specific terms because doing so balanced competing interests: it permitted necessary independent financing and completion of development while imposing detailed undertakings and an irrevocable undertaking to prevent removal of the trustee or dissipaton of equity by related parties, thus preserving the appellant's asserted equitable rights and protecting bona fide external creditors pending the substantive appeal.