New Zealand Case Law: Decisions & Judgments

Topic

Stay/interim relief

Legal area

Court

30 Mar 2021

BODY CORPORATE 172108 v MANCHESTER SECURITIES LIMITED [2021] NZHC 686

Citation

[2021] NZHC 686
Court

High Court

Leave to appeal was granted because the applicant identified an arguable error in the assessment that the joinder application was premature and an abuse of process; given the complex litigation history and risk that proceeding would render an appeal nugatory, the interests of justice required granting leave and interim relief (vacating the April 19, 2021 fixture) pending the appeal.
19 Jan 2010

ORIGIN ENERGY RESOURCES (KUPE) LIMITED V TENIX ALLIANCE NEW ZEALAND LIMITED AND ANOR HC AK CIV 2010-404-00106

Citation

openlaw-f5c0574b_5e1f_4d12_94c6_7373f0ea9915.pdf
Court

High Court

The Court declined to grant interim relief and required the parties to proceed with adjudication before the appointed adjudicator (Mr Green) because the Act contemplates adjudicators determining jurisdiction in the first instance to preserve the Act's purpose of prompt and inexpensive dispute resolution; the High Court may review the adjudicator's determination afterwards if challenged.
18 Dec 2006

XIAO QIONG HUANG AND ORS V MINISTER OF IMMIGRATION AND ANOR CA CA236/06

Citation

openlaw-07ebcaa8_71fd_4d51_b20c_f72f301305a3.pdf
Court

Court of Appeal

The application for interim relief was dismissed because, on balance and in the overall interests of justice, the applicants failed to establish that a stay was justified given the protracted history, clear High Court findings against them, their abandoned earlier appeal, the limited weight of practical difficulties in pursuing the appeal from abroad, and the unacceptable impact on the administration of immigration policy if stays were granted routinely.

New Zealand Case Law

BODY CORPORATE 172108 v MANCHESTER SECURITIES LIMITED [2021] NZHC 686

ORIGIN ENERGY RESOURCES (KUPE) LIMITED V TENIX ALLIANCE NEW ZEALAND LIMITED AND ANOR HC AK CIV 2010-404-00106

XIAO QIONG HUANG AND ORS V MINISTER OF IMMIGRATION AND ANOR CA CA236/06