Budd and Horne and Anor (No.2)
Case
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[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.
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
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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