Woolf v Kaye

[2019] NZHC 1046

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2015-404-1043

[2019] NZHC 1046

BETWEEN

VIRGINIA WOOLF

First Plaintiff

VIRGINIA WOOLF as Executor of the Estate of Noel Bernard Woolf

Second Plaintiff

AND

ALWYN BERNARD KAYE (previously known as ALWYN BERNARD WOOLF

First Defendant

MARK WILLIAM SYDNEY CLARK as

Executor of the Estate of Violet Isabel Woolf Second Defendant

Hearing:

On the papers

Appearances:

G A Keene for the Plaintiffs

A Gilchrist and C Fry for the Defendants

Judgment:

14 May 2019

JUDGMENT OF GORDON J

[Lifting of stay]

This judgment is delivered by me on Tuesday, 14 May 2019 at 10.00 am pursuant to r 11.5 of the High Court Rules.

.....................................................

Registrar / Deputy Registrar

Solicitors:           Foy Halse, Auckland

Richard Wood, Auckland

Counsel:G A Keene, Auckland A Gilchrist, Auckland

WOOLF v KAYE [2019] NZHC 1046 [14 May 2019]

[1]    In my judgment dated 24 August 2018, reissued on 1 October 2018,1 I dismissed all of the claims made by the first plaintiff, Ms Woolf, against the first defendant, Mr Kaye, her brother. I gave judgment for Mr Kaye.

[2]    Ms Woolf filed an appeal in the Court of Appeal against my judgment. On Ms Woolf’s application, I gave a decision dated 13 November 20182 staying the orders in my substantive judgment pending the appeal to the Court of Appeal.

[3]    The parties have now filed a joint memorandum dated 6 May 2019 which records that the parties have settled all issues between them.

[4]    By consent they seek orders lifting the stay ordered in my 13 November 2018 judgment. They wish to seal the orders in my 1 October 2018 judgment and the costs order I made in favour of Mr Kaye in my decision on costs dated 6 December 2018.3

[5]    I therefore make an order by consent lifting the order for a stay made in my judgment of 13 November 2018. Again, by consent, Mr Kaye may proceed to seal the orders:

(a)as set out in [381] of my substantive judgment of 1 October 2018; and

(b)as set out in [102] of my costs decision of 6 December 2018.

Gordon J

1 Woolf v Kaye [2018] NZHC 2191.

2 Woolf v Kaye [2018] NZHC 2940.

3 Woolf v Kaye [2018] NZHC 3196.