27 May 2020
BATHURST RESOURCES LIMITED v L&M COAL HOLDINGS LIMITED [2020] NZCA 186
- Citation
- (2020) 25 PRNZ 341
- Court
- Court of Appeal
The stay application was declined because the applicants failed to provide security, escrow, undertakings or adequate disclosure of their financial position despite concurrent adverse findings in the High Court and Court of Appeal and evidence of worsening capacity to meet the debt; the balance of convenience and established principle that money judgments are stayed only on security favoured the respondent.