20 Feb 2013
GWYER V WESTPAC NZ LTD HC AK CIV-2012-404-003049
- Citation
- openlaw-de022d8c_41af_48f5_b7be_eed61a973bed.pdf
- Court
- High Court
The Court exercised its discretion under s 38 to halt the creditor's application because the debtor produced a bona fide loan contract and a realistic prospect that an imminent Family Court conference could produce payment from funds held by the Public Trust, the stay was of limited duration and the debtor had no other assets, so the creditor would not be prejudiced unduly and the stay could materially assist satisfaction of the judgment.