Budd and Horne and Anor (No.2)

Case

[2015] FCCA 2270

19 August 2015


Details
AGLC Case Decision Date
Budd and Horne and Anor (No.2) [2015] FCCA 2270 [2015] FCCA 2270 19 August 2015

CaseChat Overview and Summary

In *Budd and Horne and Anor (No.2)*, Judge Scarlett of the Supreme Court of Queensland considered an application for a stay of certain orders made on 11 June 2015. The application arose in the context of an appeal and a cross-appeal filed by the respondents and the applicant respectively.

The central legal issue before the Court was whether to grant a stay of specific orders pending the final determination of the appeal and cross-appeal. This required the Court to assess the balance of convenience and the merits of the case as presented by the parties.

Judge Scarlett ordered that orders 3, 4, and 5 of the previous orders dated 11 June 2015 be stayed. This stay is to remain in effect until the determination of the appeal filed by the respondents on 2 July 2015 and the cross-appeal filed by the applicant on 23 July 2015.
Details

Areas of Law

  • Civil Procedure

Legal Concepts

  • Appeal

  • Stay of Proceedings

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Cases Citing This Decision

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Cases Cited

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Statutory Material Cited

2

Aldridge & Keaton (Stay Appeal) [2009] FamCAFC 106