Archer v Archer
Case
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[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.
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
Key Legal Topics
Areas of Law
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Civil Procedure
Legal Concepts
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Injunction
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Appeal
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Stay of Proceedings
Actions
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Citations
Archer v Archer [1999] NSWCA 286
Most Recent Citation
Newcastle Bowling Club v Newcastle City Bowling Club [2002] NSWSC 320
Cases Citing This Decision
2
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[2005] NSWCA 475
Newcastle Bowling Club v Newcastle City Bowling Club
[2002] NSWSC 320
Cases Cited
4
Statutory Material Cited
0
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