Adeels Palace Pty Ltd v Moubarak

This matter concerned an application for a stay of judgment brought by Adeels Palace Pty Ltd. The dispute arose from a judgment against Adeels Palace Pty Ltd in favour of Moubarak. The application was heard by Hodgson JA in the Court of Appeal of New South Wales.

The primary legal issue before the Court was whether the applicant bore an onus to exclude an appreciable risk that any delay occasioned by a stay of the judgment would render the applicant less able to satisfy the judgment debt.

Hodgson JA considered the principles governing applications for a stay of judgment pending an appeal. His Honour noted that a stay is not granted as of right and requires the applicant to demonstrate sufficient grounds. While the applicant had given an undertaking to prosecute the application and any subsequent appeal expeditiously, the Court imposed a condition that security for the judgment debt and interest be provided within fourteen days. This condition was subject to review on 1 June 2009, with leave granted to the applicant to apply for its removal and directions for the service of supporting evidence. The costs of the application were made costs in the application for special leave to appeal, and the matter was adjourned to enable the application to remove the condition.