Gray v Kerr

[2022] NZHC 3115

IN THE HIGH COURT OF NEW ZEALAND BLENHEIM REGISTRY

I TE KŌTI MATUA O AOTEAROA TE WAIHARAKEKE ROHE

CIV 2022-406-22

[2022] NZHC 3115

UNDER

Part 20 of the High Court rules 2016

IN THE MATTER OF

an appeal against Family Court judgment dated 4 November 2022

BETWEEN

RODNEY DONALD GRAY

Appellant

AND

SARAH CATHERINE KERR

Respondent

AND

SARAH CATHERINE KERR and

RODNEY DONAL GRAY in their capacities as Trustees of the GRAY KERR FAMILY

TRUST

Other Party

Hearing:

22 November 2022 via teleconference at 4.15 pm

Counsel:

Mr Gray in person

S Wadworth for Respondent

Judgment:

25 November 2022

JUDGMENT OF MALLON J

[1]    Relationship property and related trust proceedings were determined in the District Court in a judgment given on 4 November 2022. Mr Gray filed an appeal against the judgment. He also applied without notice for a stay of the judgment. The without notice application came before the duty judge last week who directed that it be served on Ms Kerr and an urgent telephone conference convened this week.

[2]    The telephone conference was convened on 22 November 2022. Mr Gray explained that, pursuant to the District Court judgment, he had received items

GRAY v KERR [2022] NZHC 3115 [25 November 2022]

delivered to him and an invoice for the cost of that delivery. He had hoped to avoid this with his stay application. In accordance with the District Court judgment, there are other items to be delivered. He seeks a stay because he does not want them delivered to him at his cost (over which he has no control). He cannot afford to pay for the delivery, there is no room for the items at his property but there is plenty of room for them at Ms Kerr’s property, and he does not see why he should have to take delivery at his cost when he is appealing all the District Court orders anyway.

[3]    Mr Gray having explained his position, counsel for Ms Kerr confirmed there was no opposition to a stay pending the appeal. The District Court judgment requires that draft orders be filed with the District Court by 2 December 2022. Counsel will prepare and file the draft orders but will not seek to have them sealed. I confirm that the District Court judgment is stayed pending determination of the appeal or further order of the Court.

Mallon J