Afr Group Pty Limited t/as Anytime Fitness Randwick v Bernley Corporation Pty Ltd and Benjamin Thomas Turner

In the matter of *Afr Group Pty Limited t/as Anytime Fitness Randwick v Bernley Corporation Pty Ltd and Benjamin Thomas Turner*, the Court of Appeal considered an application by the appellant for a stay of execution of a judgment entered against it in the District Court. The judgment sum in question was $195,000.

The primary legal issue before the Court of Appeal was whether to grant a stay of execution of the District Court's judgment pending the determination of the appeal. This involved considering the principles governing the grant of such stays, particularly in circumstances where a significant sum of money was involved.

Brereton JA determined that a stay of execution should be granted, but only upon the condition that the appellant pay the principal judgment sum of $195,000 into court by a specified date. This condition was imposed to provide security for the respondent pending the outcome of the appeal. The costs of the motion were to be costs in the appeal.