10 Nov 2023
CUMMINS v BODY CORPORATE 172108 [2023] NZHC 3169
- Citation
- [2023] NZHC 3169
- Court
- High Court
Leave to appeal was required for this interlocutory s 38 decision; applicant failed to meet the high threshold for leave because although arguable cross-claims exist they are stayed in arbitration, unliquidated and uncertain, the applicant is insolvent, there is a long history of dilatory and largely unmeritorious litigation causing prejudice and delay, and those factors constitute 'special circumstances' justifying refusal to halt bankruptcy proceedings and refusing leave as not in the interests of justice.