New Zealand Case Law: Decisions & Judgments

Topic

Security for repayment

Legal area

Court

17 May 2021

YU v BRADLEY [2021] NZHC 1098

Citation

[2021] NZHC 1098
Court

High Court

Grant partial stay: decline stay in respect of $300,000 of the $449,635.85 judgment sum and allow that amount to be paid to respondents conditional on formal undertakings by the Bradleys and the Carrs; keep $149,000 in applicant's solicitor trust to ensure immediate repayment ability if appeal succeeds. Decision based on balancing prejudice, finding respondents have sufficient assets (shareholder loan and family home equity) and binding undertakings provide adequate security for the retained portion while protecting applicant's access to some funds.
30 Mar 2021

S v R [2021] NZHC 674

Citation

[2021] NZHC 674
Court

High Court

The High Court has inherent jurisdiction to stay a costs judgment pending appeal where justice requires and there is no statutory prohibition; applying the balancing factors, where an appropriate assurance or security is provided to protect the appellant's right of repayment, the balance of convenience does not favour a stay. In this case the applicant's written assurance satisfied the Court and the Crown's application to suspend payment was dismissed.
30 Oct 2020

HY TOURISM LIMITED v THREE DUKES HOME LIMITED [2020] NZHC 2849

Citation

[2020] NZHC 2849
Court

High Court

The sealed order dated 6 October 2020 was quashed and replaced because it did not accurately record the Court's judgment and minute; under r 11.10 the Court may correct such an error, and the amended order set out the correct directions including payment into trust and the correct costs figure.
20 Dec 2011

SKIDS PROGRAM MANAGEMENT LIMITED V MCNEILL HC AK CIV-2010-404-1696

Citation

openlaw-237f22ab_1fbb_4167_bbcc_eaeffc776410.pdf
Court

High Court

The Court exercised its discretion balancing prejudice and practicalities and concluded defendants would suffer substantial prejudice if stay granted; accordingly the stay was denied in part and granted in part with conditions: immediate unconditional payments to the third defendant of NZD 28,000 and to the first defendant of NZD 14,000, and the balance NZD 13,610 plus interest to be paid into defendants' solicitors' trust account by a specified date with restraints on disposal of specified vehicles pending payment; failure to comply causes the conditional stay to lapse; costs on a 2B basis t…
8 Oct 2010

WILTSHIRE INVESTMENTS LTD V R M SYMONS AND ANOR HC AK CIV-2010-404-001011

Citation

openlaw-61719e16_5d74_4a3b_9649_30d3157dd455.pdf
Court

High Court

Plaintiff may enforce the judgment against all defendants pending the appeal provided the plaintiff gives adequate security for repayment of any funds received on enforcement; if there is dispute over adequacy of security the court will determine it on memoranda; and if Robert or Gregory are adjudicated bankrupt and the Official Assignee elects not to pursue their appeal, any success on appeal by the trustee defendants will also enure to the benefit of Robert and Gregory. Defendants ordered to pay costs of $2,068.

New Zealand Case Law

YU v BRADLEY [2021] NZHC 1098

S v R [2021] NZHC 674

HY TOURISM LIMITED v THREE DUKES HOME LIMITED [2020] NZHC 2849

SKIDS PROGRAM MANAGEMENT LIMITED V MCNEILL HC AK CIV-2010-404-1696

WILTSHIRE INVESTMENTS LTD V R M SYMONS AND ANOR HC AK CIV-2010-404-001011