Archer v Archer

Case

[1999] NSWCA 286

20 July 1999


Details
AGLC Case Decision Date
Archer v Archer [1999] NSWCA 286 [1999] NSWCA 286 20 July 1999

CaseChat Overview and Summary

In *Archer v Archer*, the appellant sought a stay of an injunction granted by the primary judge. The appeal concerned no question of principle.

The Court was required to determine whether to grant a stay of the injunction pending the determination of the appeal.

Mason P considered the principles governing applications for a stay of an injunction. His Honour noted that a stay is an exceptional remedy and that the applicant bears a heavy onus to demonstrate that it is warranted. In this instance, the Court found that the appellant had not discharged that onus.

The Court ordered that the injunction be granted and the appeal be expedited.
Details

Areas of Law

  • Civil Procedure

Legal Concepts

  • Injunction

  • Appeal

  • Stay of Proceedings

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Cases Citing This Decision

2

Garnock v Black [2005] NSWCA 475
Cases Cited

4

Statutory Material Cited

0

Bridgewater v Leahy [1998] HCA 66
Bridgewater v Leahy [1998] HCA 66