1 May 2013
HART v ANZ BANK NEW ZEALAND LTD SC 35/2013
- Citation
- SC 35/2013
- Court
- Supreme Court
The stay was refused because the proposed substantive ground of appeal (that the mortgage secured nothing) lacked substance, the applicant's prospects of success are slim, there are serious procedural issues about whether the Official Assignee validly abandoned the appeal which are properly resolved first in the High Court, and the applicant's conduct risked breaching an earlier undertaking; accordingly leave to appeal was deferred and the interim stay denied.