Hirst v Vousden Ca25/02

[2002] NZCA 390

IN THE COURT OF APPEAL OF NEW ZEALAND  CA25/02

BETWEENROBERT GARY HIRST and HELEN MAY HIRST

Appellants

ANDGEORGE VOUSDEN and GLENNYS VOUSDEN

Respondents

Hearing:                   19 August 2002

Coram:Blanchard J Tipping J Glazebrook J

Appearances:           F B Bolwell for Appellants

M J Koppens for Respondents

Judgment:                19 August 2002

JUDGMENT OF THE COURT DELIVERED BY BLANCHARD J

[1]        The appellants will have conditional leave to appeal to Her Majesty in Council on the usual conditions relating to provision of security and preparation of the record.

[2]        The appellants’ application for a stay of execution of judgment is refused and it is directed that the judgment shall be carried into execution subject to the respondents, before execution thereof, entering into good and sufficient security, to the satisfaction of the Court, for the due performance of such order as her Majesty in Council shall think fit to make thereon.

[3]        The Court will shortly give written reasons for refusal of the stay of execution.

Solicitors:

Kendall Strong, Auckland for Appellants Wynard Wood, Auckland for Respondents

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