NEW ZEALAND PERMANENT TRUSTEES LIMITED v NMFM MORTGAGES & ANOR [1999] NZCA 258 (10 November 1999)

IN THE COURT OF APPEAL OF NEW ZEALAND

ca227/99

	between	New Zealand PERMANENT TRUSTEES LIMITED
		First Appellant

	AND	NMFM MORTGAGES
		Second Appellant

	and	PHILLIP ARTHUR MCGAVESTON
		Respondent

Hearing:	10 November 1999
Coram:	Keith J Blanchard J Tipping J
Appearances:	F Miller and C Bloomfield for the Appellants G J Toebes for the Respondent
Judgment:	10 November 1999

judgment of the court delivered by KEITH J

[1] Mr McGaveston's application for the amendment of the conditions of stay ordered by the Court on 26 October 1999 is dismissed.The appellants' cross application is also dismissed, except to the extent that the reference to "court" in para [34] (c) of the order is amended to read "the High Court at Wellington".

[2] The appellants are entitled to an order for costs of $1,500, together with reasonable disbursements.

Solicitors

Chapman Tripp Sheffield Young, Wellington for the Appellants

Buddle Findlay, Wellington for the Respondent