CHAN & CHIH

The parties in this matter were the husband and wife, who were involved in a dispute concerning property settlement orders made on 11 October 2018. The husband sought a stay of certain paragraphs of these orders pending the determination of his appeal against them. The application was heard by Watts J.

The primary legal issue before the court was whether to grant a stay of the property settlement orders. This required the court to consider the conditions under which such a stay should be granted, balancing the interests of both parties while an appeal was pending.

Watts J ordered that paragraphs 2, 3, and 4 of the property settlement order be stayed until the husband's appeal was determined. This stay was conditional upon the husband paying the wife the sum of $267,500 within 42 days of the order date and prosecuting his appeal expeditiously. The court also provided for the wife to relist the matter for further consideration if the husband failed to meet these conditions.