3 Feb 2023
WAIKATO DISTRICT COUNCIL v SOROKA [2023] NZHC 79
- Citation
- [2023] NZHC 79
- Court
- High Court
Although the appeal did not automatically stay enforcement and the debtor provided limited evidence of success, the imminent Court of Appeal hearing created a real risk of injustice if bankruptcy proceedings and sale of the Property proceeded before the appeal outcome; accordingly the Court exercised its power to set aside the bankruptcy notice to allow the appeal to be completed.