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Monschau v Bamber [2019] NZDC 11228

Published 03 September 2019

Stay of execution of judgment — appeal out of time — bankruptcy — Maori Land Court — Maori Appellate Court — Te Ture Whenua Maori Act 1993 s 81 — District Court Act 2016 ss 143 & 144 — Monschau & Te Ngaru v Bamber & Bamber High Court Auckland, Associate Judge Sargisson, CIV-2018-463-000049, CIV-2018-463-000105. The applicants sought a stay of execution on a judgment entered against them in the Maori Land Court for $158,298.50. The challenge to the judgment was made was made in the District Court, via s 81 of e Ture Whenua Maori Act, as the applicants were out of time to bring an appeal and required leave from the Maori Appellate Court. The stay of execution application was designed to stay the judgment entered against the applicants and, in turn, stay the bankruptcy proceedings brought against them in the High Court resulting from the judgment order. The Judge, having considered their powers under ss 143 and 144 of the District Court Act, dismissed the application, observing that the High Court had adjournment mechanisms to deal with bankruptcy proceedings and that the Maori Land Court and the Maori Appellate Court were in a better position to assess the relative merits of the applicant's case on appeal. Costs were awarded on a 2B basis to the respondents. Judgment Date: 21 May 2019.

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