DV Ryboprodukt Ltd v UAB Garant

[2008] NZCA 110

IN THE COURT OF APPEAL OF NEW ZEALAND

CA52/2008
[2008] NZCA 110

BETWEENDV RYBOPRODUKT LTD

Appellant

ANDUAB GARANT

Respondent

Hearing:30 April 2008

Court:Hammond, Chambers and Ellen France JJ

Counsel:P W David and M Heard for Appellant

B C Versfelt and K J Sparrow for Respondent

Judgment:2 May 2008 at 11 am

JUDGMENT OF THE COURT

AA stay of the proceeding (High Court, Auckland, CIV2006-404-4167) is granted pending the substantive decision of this court.

BDespite order A, either party may apply to the High Court for orders or directions relating to custodial arrangements of the Aleksandr Ksenefontov if circumstances require urgent decision in respect thereof.

CLiberty reserved generally to apply to this court.

D        All other matters requiring determination are reserved. 

REASONS OF THE COURT

[1]       The appellant has sought a stay pending the substantive decision of this court on the appeal.  We grant that stay.  The fact the stay has been granted indicates nothing as to the likely outcome of the appeal. 

[2]       We hope to deliver our substantive decision within three weeks.  It is unlikely that any decisions relating to the present custodial arrangements of the Aleksandr Ksenefontov will need to be made in that short period.  If, however, urgent decisions are required with respect to those custodial arrangements, then either party will be at liberty to apply to the High Court for orders or directions in that regard: see order B. 

[3]       It is possible (though unlikely) that other decisions outside the scope of order B are required pending our substantive decision.  If such matters did arise, then application in that respect should be made to this court: see order C.

[4]       All other matters which arose on the appeal will be dealt with in the substantive decision. 

Solicitors:
Dawson & Associates, Nelson, for Appellant
Wilson Harle, Auckland, for Respondent