Elders Pastoral Ltd v Bank of New Zealand - [1990] 3 NZLR 129

Practice and procedure — Appeals to Privy Council — Costs the only issue — Appellant appealed as of right to Privy Council and lodged case — Prior to hearing respondent paid to appellant the judgment sum plus interest but refused to pay costs — Respondent petitioned for dismissal of appeal on ground that it had become academic — Whether appeal remained competent — Whether appeal only on costs could be entertained — Whether appeal should be dismissed — Privy Council (Judicial Committee) Rules Notice 1973, rr 2 and 5.