6 Nov 2015
FRIMLEY ESTATE LTD v FOG [2015] NZHC 2757
- Citation
- [2015] NZHC 2757
- Court
- High Court
The stay application was dismissed because there was effectively nothing in this proceeding to stay; the judgment had declined relief against Fog and adjourned other relief applications, the practical effect of a stay was absent, and on the merits the balance of convenience favoured Fog given concerns about Frimley's financial position and risk of prejudice to Fog's ability to recover her subscription; stay issues should be determined in specific enforcement or liquidation proceedings where appropriate.