Coshott v Prentice

In the case of Coshott v Prentice, the Federal Court of Australia was asked to determine an application for a stay of orders made by the primary judge on 10 September 2013. The appellants, LJILJANA COSHOTT and SCHLOTZKY'S NOMINEE COMPANY PTY LIMITED, filed a notice of appeal against the primary judge's orders on 27 September 2013, which was later amended. The primary judge's orders, among other things, declared that the property at 1 Bunyula Road, Bellevue Hill, was acquired by the second cross-respondent and the third cross-respondent beneficially as joint tenants and ordered that the property be sold by the cross-claimant as trustee for sale. The appellants raised four grounds of appeal, including errors in the primary judge's findings and orders. The court considered the relevant principles applicable to the court's consideration of an application for a stay pending an appeal and found that none of the four broad grounds of appeal raised in the amended notice of appeal were reasonably arguable. The court also considered the balance of convenience and dismissed the application for a stay. The appeal was ordered to be expedited, and the appellants were ordered to pay the costs of the first respondent.