Boutros v Nationwide Capital Pty Ltd

Case

[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.
Details

Areas of Law

  • Civil Procedure

  • Property Law

Legal Concepts

  • Appeal

  • Costs

  • Judicial Review

  • Stay of Proceedings

  • Jurisdiction

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Cases Citing This Decision

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Rinehart v Rinehart [2020] NSWCA 221
Cases Cited

13

Statutory Material Cited

2

Grace v Grace [2012] NSWSC 976