Boutros v Nationwide Capital Pty Ltd
Case
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[2013] NSWCA 246
•01 August 2013
Details
AGLC
Case
Decision Date
Boutros v Nationwide Capital Pty Ltd [2013] NSWCA 246
[2013] NSWCA 246
01 August 2013
CaseChat Overview and Summary
In *Boutros v Nationwide Capital Pty Ltd*, the applicant sought a stay of orders made by the primary judge, which included ancillary orders for possession following a judicial sale. The respondents were Nationwide Capital Pty Ltd and another party.
The central legal issue before Gleeson JA was whether the applicant had an arguable case for appeal, which is a prerequisite for granting a stay of a judgment or order under rule 51.44 of the *Uniform Civil Procedure Rules 2005* (NSW).
Gleeson JA dismissed the applicant's notice of motion, finding that no arguable case for appeal had been demonstrated. Consequently, the applicant was ordered to pay the costs of the first and second respondents in relation to the motion.
The central legal issue before Gleeson JA was whether the applicant had an arguable case for appeal, which is a prerequisite for granting a stay of a judgment or order under rule 51.44 of the *Uniform Civil Procedure Rules 2005* (NSW).
Gleeson JA dismissed the applicant's notice of motion, finding that no arguable case for appeal had been demonstrated. Consequently, the applicant was ordered to pay the costs of the first and second respondents in relation to the motion.
Details
Key Legal Topics
Areas of Law
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Civil Procedure
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Property Law
Legal Concepts
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Appeal
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Costs
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Judicial Review
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Stay of Proceedings
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Jurisdiction
Actions
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Most Recent Citation
Morris v Thomas [1993] Nswlec 177 (1 November 1993) [1993] NSWLEC 2
Cases Citing This Decision
236
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Rinehart v Rinehart
[2020] NSWCA 221
Cases Cited
13
Statutory Material Cited
2
Nationwide Capital v Boutros Constructions
[2013] NSWSC 976
Nationwide Capital Pty Limited v Boutros Constructions Pty Limited
[2012] NSWSC 1472
Grace v Grace
[2012] NSWSC 976