21 Mar 2019
CONROY REMOVALS LTD v SAMEER [2019] NZHC 527
- Citation
- [2019] NZHC 527
- Court
- High Court
The stay was lifted because the appeal was deemed abandoned under the Court of Appeal rules and thus there was no extant appeal to support a stay under r20.10; alternatively the condition of the stay (diligent prosecution of the appeal) was not satisfied, and no substantial miscarriage of justice would result from declining the stay under r17.29; moreover the Bill of Lading was irrelevant to the New Zealand contract for fumigation and storage found by the Disputes Tribunal, so the debtor's new evidence did not justify continuing the stay.