22 Jul 2020
SUNDBERG & ANOR v MALLEY & CO LAWYERS [2020] NZHC 1789
- Citation
- [2020] NZHC 1789
- Court
- High Court
The application for a stay of enforcement was declined because the applicants failed to discharge the onus to show a likely substantial miscarriage of justice: the judgment had been properly obtained, applicants had ample opportunity and legal assistance to challenge it or pursue negligence claims but did not act, their delay and inconsistent evidence undermined claims of an imminent private sale, and a stay would cause real prejudice to the respondent given rule limits and increased costs.