Greymouth Petroleum Holdings Limited v Empresa Nacional Del Petroleo

[2017] NZCA 384

IN THE COURT OF APPEAL OF NEW ZEALAND

CA482/2017
[2017] NZCA 384

BETWEEN

GREYMOUTH PETROLEUM HOLDINGS LIMITED
First Appellant

GREYMOUTH HOLDINGS LIMITED
Second Appellant

R M P DUNPHY
Third Appellant

AND

EMPRESA NACIONAL DEL PETROLEO
Respondent

Hearing:	31 August 2017
Court:	Cooper, Winkelmann and Asher JJ
Counsel:	J A Farmer QC and B J Ward for First Appellant and for PetroMagallanes Operacaiones Ltda (non-party) M D OʼBrien QC for Second and Third Appellants T Mullins and D Bullock for Respondent
Judgment:	31 August 2017 at 4 pm

JUDGMENT OF THE COURT

AThe application for an interim stay of the decision of the High Court delivered on 15 August 2017 is granted, to apply until 5 pm on Thursday 14 September 2017.

BThe interim stay is granted subject to the undertaking of the first appellant:

(1)to extend the date by which the respondent is required to submit its Defence to the first appellant’s Objection to Jurisdiction and submissions and evidence in support of that Defence for the following periods:

(a)if the first appellant’s application for a stay is declined by the Court of Appeal, four weeks from the date on which the Court of Appeal delivers that judgment;

(b)if the first appellant’s application for a stay is granted by the Court of Appeal, four weeks from the date on which the Court of Appeal delivers its judgment on the first appellant’s appeal against the judgment of the High Court of 15 August 2017.

(2)PetroMagallanes Opercaiones Ltda confirms that it will abide by the above undertaking.

____________________________________________________________________

[Reasons to follow.]

Solicitors:
Bell Gully, Auckland for Appellants
Lee Salmon Long, Auckland for Respondent