7 Dec 2021
DOVEY AVIATION CONSULTING LIMITED v THE ATTORNEY-GENERAL OF NEW ZEALAND [2021] NZHC 3340
- Citation
- [2021] NZHC 3340
- Court
- High Court
Court granted a stay of execution of the substantive judgment only because the plaintiff's current asset position was unknown and there was real risk it could not repay the judgment if the appeal succeeded; that risk was mitigated by defendants' agreed joint and several indemnity for any increase in repair costs. The court refused to stay the costs judgment because successful parties are ordinarily entitled to interim payment of fixed costs, the risk of non-repayment of costs was lower, and stakeholder holding was unnecessary.