New Zealand Case Law: Decisions & Judgments

Topic

Stay of possession

Legal area

Court

13 Apr 2021

STYLO MEDICAL SERVICES LTD v HUM HOSPITALITY LTD [2021] NZHC 772

Citation

[2021] NZHC 772
Court

High Court

A stay of possession pending the Court of Appeal's decision on an application for extension of time to appeal was warranted to avoid rendering any appeal nugatory, but the stay must be conditional to prevent prejudice to the applicant; conditions imposed required Hum to make specified rental and rates payments on defined dates and a 10 working day cure period for defaults, and enforcement of a statutory demand was not stayed.
3 Dec 2018

LAWES v HSIEH [2018] NZCA 544

Citation

[2018] NZCA 544
Court

Court of Appeal

The Registrar correctly declined to accept the applicant's filings because the applicant sought leave to appeal an interlocutory High Court decision without first obtaining leave from the High Court as required by s 56(3) Senior Courts Act 2016; the Court of Appeal lacks jurisdiction to grant leave until the High Court has refused leave under s 56(3) and s 56(5) applies, so the application to review the Registrar's decision is declined and the documents are to be returned to the applicant.
11 Feb 2013

RABSON v WAYNE SEYMOUR CHAPMAN COA CA855/2012

Citation

RABSON v WAYNE SEYMOUR CHAPMAN COA CA855/2012
Court

Court of Appeal

The Registrar's refusal to dispense with or reduce security for costs was upheld because the appellant failed to provide current financial evidence of impecuniosity, respondent produced evidence indicating the appellant had access to assets, there were no exceptional circumstances or public importance demonstrated, and the appeal did not appear compelling; accordingly security set at $5,880 remains payable before the fixture.

New Zealand Case Law

STYLO MEDICAL SERVICES LTD v HUM HOSPITALITY LTD [2021] NZHC 772

LAWES v HSIEH [2018] NZCA 544

RABSON v WAYNE SEYMOUR CHAPMAN COA CA855/2012