Kiwi Freeholds Queen Street Limited v Shanti Holdings Limited HC Auckland CIV 2006-404 -3340

[2007] NZHC 1934

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CIV 2006 - 404 - 3340

BETWEEN  KIWI FREEHOLDS QUEEN STREET LIMITED

First Plaintiff

ANDKIWI INTERNATIONAL HOTEL QUEEN STREET LIMITED Second Plaintiff

ANDR T SCHOFIELD Third Plaintiff

ANDSHANTI HOLDINGS LIMITED First Defendant

ANDAHIMSA DEVELOPMENTS LIMITED Second Defendant

ANDD M V GIBBS AND H DROEGE Third Defendants

Hearing:         26 June 2007

Appearances: Mr Krebs for plaintiffs

Mr Walker for defendants

Judgment:      29 June 2007 at 4.45 p.m.

JUDGMENT OF ASSOCIATE JUDGE DOOGUE

This judgment was delivered by me on

29.06.07 at  4.45 pm, pursuant to

Rule 540(4) of the High Court Rules.

Registrar/Deputy Registrar

Date……………

Counsel:

Mr J Krebs, Barrister, P O Box 754, Napier

Gilbert Walker, Auckland (Mr Walker)

KIWI FREEHOLDS QUEEN STREET LTD AND ORS V SHANTI HOLDINGS LTD AND ORS HC AK CIV

2006 - 404 - 3340  29 June 2007

In the judgment which I issued on this matter 25 June 2007 I said that I would wish to hear further from counsel concerning the form of an order  for stay of these proceedings.  I have now done so and I make the following order.

[1]      The undertaking which the plaintiffs provide is to be in the following form:

The plaintiffs hereby undertake that they will abide by any order that the Court may make in respect of damages which are sustained by the second, fifth or sixth defendants by reason of the registration and maintenance of Caveat No. 6029037.1 against the title to the land contained in Certificate of Title NA41D/858 and located at 35 Whitford Park Road, Whitford.

[2]      The plaintiffs are to provide a verified statement of their financial positions so that the Court can determine whether it is likely that they will be able to meet their undertaking.

[3]      The proceeding is to be placed in my Chambers List on 1 August 2007 at

10.45 a.m. so that I can review the material referred to in the previous paragraph.

[4]      Assuming that an order is to be made, it would be subject to the following conditions:

a)        The plaintiffs will be required to file their case on appeal and apply for a hearing before the Court of Appeal by 16 July 2007;

b)       The matter will be recalled in my Chambers List 9 November 2007 at

10.45 a.m. at which time I will wish to be advised of the date when the appeal is to be dealt with in the Court of Appeal.

J.P. Doogue

Associate Judge