Calder Stewart Industries Limited v Joie de Vivre Canterbury Limited

[2013] NZHC 1831

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

CIV-2012-409-1572 [2013] NZHC 1831

BETWEEN  CALDER STEWART INDUSTRIES LIMITED

Plaintiff

ANDJOIE DE VIVRE CANTERBURY LIMITED

Defendant

Hearing:                   8 July 2013

Appearances:           JBM Smith QC and P R Castle for Plaintiff

S P Rennie and J E Bayley for Defendant

Judgment:                22 July 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 an agreement dated 9 July 2013 and filed in Court, it is ordered 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 1831 [22 July 2013]

(b)To that end leave is reserved to the parties to apply in relation to the carrying of the terms into effect or enforcing them on not less than seven days notice.

Solicitors:

JBM Smith QC, Barrister, Wellington

P R Castle, Barrister, Wellington

S P Rennie, Christchurch
J E Bayley, Christchurch