Zhang v Westpac New Zealand Limited

[2022] NZCA 134

IN THE COURT OF APPEAL OF NEW ZEALAND

I TE KŌTI PĪRA O AOTEAROA

 CA521/2019
 [2022] NZCA 134

BETWEEN	YINGQIU ZHANG Appellant
AND	WESTPAC NEW ZEALAND LIMITED Respondent

Counsel:	Appellant in person B J Upton and L B Harrison for Respondent
Judgment: (On the papers)	13 April 2022 at 2 pm

JUDGMENT OF GILBERT J

The application for a stay of execution is dismissed.

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REASONS

1. Ms Zhang defaulted on loans obtained from Westpac and secured by registered mortgages over two properties.  There was a shortfall following sale of these properties by Westpac as mortgagee.  Westpac then obtained summary judgment against Ms Zhang for the shortfall.

2. Following non-payment of the judgment sum, Westpac served a bankruptcy notice on Ms Zhang.  The High Court declined Ms Zhang’s application to set aside the bankruptcy notice and adjudicated her bankrupt.[1]  Ms Zhang’s appeal against this judgment was dismissed by this Court on 10 December 2021.[2] 

   [1]Zhang v Westpac New Zealand Ltd [2019] NZHC 2422.

   [2]Zhang v Westpac New Zealand Ltd [2021] NZCA 672.

3. Ms Zhang then applied for leave to appeal to the Supreme Court.  She also applied to this Court for a stay of execution of the judgment pending determination of her application for leave to the Supreme Court.  This latter application is now before me for determination on the papers.

4. The application for a stay of execution must be dismissed because the Supreme Court has now declined leave for Ms Zhang’s proposed appeal.[3]  The application for a stay of execution pending further appeal is therefore moot. 

Result

[3]Zhang v Westpac New Zealand Ltd [2022] NZSC 34.

1. The application for a stay of execution is formally dismissed.

Solicitors:
Simpson Grierson, Auckland for Respondent