Stewart v Stewart

[2023] NZHC 1609

IN THE HIGH COURT OF NEW ZEALAND PALMERSTON NORTH REGISTRY

I TE KŌTI MATUA O AOTEAROA TE PAPAIOEA ROHE

CIV-2020-454-5

[2023] NZHC 1609

BETWEEN

TIMOTHY DAVID STEWART

First Plaintiff

SIMONE SUSAN STEWART
Second Plaintiff

AND

DAVID ALAN STEWART

First Defendant

JAMES ROBERT STEWART
Second Defendant

JANET DOROTHY STEWART

Third Defendant

JOHN NAYLOR
Fourth Defendant

DAVID ALAN STEWART, JANET DOROTHY STEWART, JAMES ROBERT STEWART and JOHN NAYLOR as

Trustees of the Hiwinui Trust Fifth Defendants

On the Papers
Counsel:	R B Fowler KC and D M Brabant for the Plaintiffs P R Chisnall and G M Richards for the Defendants
Judgment:	27 June 2023
Reissued:	7 July 2023

JUDGMENT OF GWYN J

(As to Tomlin Order)

STEWART v STEWART [2023] NZHC 1609 [27 June 2023]

[1]                 The plaintiffs and the defendants have agreed on the terms of a Tomlin Order and have submitted it to the Court for approval.

[2]By consent, I order:

(a)The plaintiffs and the defendants having agreed to the terms set forth in a Heads of Agreement filed in Court, it is ordered that all further proceedings in this action are stayed, except for the purpose of carrying such terms into effect.

(b)Leave is granted to the parties to apply for such further orders as may be necessary to carry those terms into effect.

Gwyn J

Solicitors

Willis Legal, Wellington
Fitzherbert Rowe, Palmerston North