Calder Stewart Industries Limited v Joie De Vivre Canterbury Limited

[2013] NZHC 3247

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

CIV-2010-409-001425 [2013] NZHC 3247

UNDER

the Property Law Act 2007 (the Act)

IN THE MATTER

of an application for orders under section
339 of the Act

BETWEEN

CALDER STEWART INDUSTRIES LIMITED

Plaintiff

AND

JOIE DE VIVRE CANTERBURY LIMITED

Defendant

Hearing:	2 December 2013
Counsel:	JBM Smith QC and G M Richards for Plaintiff S P Rennie and J E Bayley for Defendant
Judgment:	5 December 2013

JUDGMENT OF PANCKHURST J (AS TO TOMLIN ORDER)

[1]      The plaintiff and the defendant have agreed on the terms of a Tomlin Order and have submitted it to the Court for approval.

[2]      I order by consent:

(a)      the plaintiff and the defendant having agreed to the terms set forth in a settlement deed dated 2 December 2013 and filed in Court, it is directed that all further proceedings in this action are stayed, except

for the purpose of carrying such terms into effect or enforcing them,

CALDER STEWART INDUSTRIES LIMITED v JOIE DE VIVRE CANTERBURY LIMITED [2013] NZHC

3247 [5 December 2013]

(b)that the Court file relating to this proceeding may only be accessed and searched by leave of a Judge.

Solicitors:

JBM Smith QC, Barrister, Wellington

G M Richards, Barrister, Wellington
Rhodes and Co, Christchurch