Belcastro v ORDE Mortgage Custodian Pty Ltd
Case
•
[2025] NSWCA 1
•09 January 2025
Details
AGLC
Case
Decision Date
Belcastro v ORDE Mortgage Custodian Pty Ltd [2025] NSWCA 1
[2025] NSWCA 1
09 January 2025
CaseChat Overview and Summary
The appellant, Mr. Belcastro, sought a stay of proceedings pending an appeal against a decision of the Supreme Court of Queensland. The respondent was ORDE Mortgage Custodian Pty Ltd. The specific nature of the underlying dispute between the parties was not detailed in the provided text.
The primary legal issue before the Court of Appeal was whether to grant an oral application for a stay of proceedings. This required the court to consider the merits of granting such an interlocutory order in the context of an impending appeal.
Griffiths AJA refused the appellant's oral application for a stay. While the specific reasons for the refusal are not elaborated in the provided text, the decision indicates that the court did not find sufficient grounds to grant the requested stay at that stage.
The primary legal issue before the Court of Appeal was whether to grant an oral application for a stay of proceedings. This required the court to consider the merits of granting such an interlocutory order in the context of an impending appeal.
Griffiths AJA refused the appellant's oral application for a stay. While the specific reasons for the refusal are not elaborated in the provided text, the decision indicates that the court did not find sufficient grounds to grant the requested stay at that stage.
Details
Key Legal Topics
Areas of Law
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Civil Procedure
Legal Concepts
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Appeal
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Stay of Proceedings
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Most Recent Citation
Menon v The King; Onley v The King [2025] NSWCCA 56
Cases Citing This Decision
2
Nyangbul v State of New South Wales
[2025] NSWCA 119
Menon v The King; Onley v The King
[2025] NSWCCA 56
Cases Cited
1
Statutory Material Cited
1
Kalifair Pty Ltd v Digi-Tech (Australia) Ltd
[2002] NSWCA 383