Critchley v Conway (No 2)
Case
•
[2009] NSWCA 217
•27 July 2009
Details
AGLC
Case
Decision Date
Critchley v Conway (No 2) [2009] NSWCA 217
[2009] NSWCA 217
27 July 2009
CaseChat Overview and Summary
In *Critchley v Conway (No 2)*, the appellants sought a stay of a judgment pending the determination of their application for leave to appeal and the appeal itself. The dispute concerned an order made by Debelle AJ on 5 June 2009, requiring the appellants to deliver up certain items to the first respondent. The application was heard by Beazley JA.
The primary legal issue before the court was whether to grant a stay of the judgment. This involved considering the conditions under which such a stay should be granted, particularly in light of the ongoing appeal process.
Beazley JA granted the stay on the condition that the appellants pay a monthly rental sum of $5,416.67 to the Bank of Queensland on or before the due date, as stipulated in a rental agreement between the Bank and the first respondent and his wife. The court also directed the appellants to notify the first respondent's solicitor within 24 hours of each payment being made. The costs of the notice of motion hearing were divided, with the appellants to pay half, and the remaining costs to be costs of the appeal. Liberty to apply was granted within 24 hours regarding the formulation of the orders or further directions for implementation.
The primary legal issue before the court was whether to grant a stay of the judgment. This involved considering the conditions under which such a stay should be granted, particularly in light of the ongoing appeal process.
Beazley JA granted the stay on the condition that the appellants pay a monthly rental sum of $5,416.67 to the Bank of Queensland on or before the due date, as stipulated in a rental agreement between the Bank and the first respondent and his wife. The court also directed the appellants to notify the first respondent's solicitor within 24 hours of each payment being made. The costs of the notice of motion hearing were divided, with the appellants to pay half, and the remaining costs to be costs of the appeal. Liberty to apply was granted within 24 hours regarding the formulation of the orders or further directions for implementation.
Details
Key Legal Topics
Areas of Law
-
Civil Procedure
Legal Concepts
-
Appeal
-
Costs
-
Stay of Proceedings
-
Remedies
Actions
Download as PDF
Download as Word Document
Most Recent Citation
Neale v Gadens Lawyers Sydney Pty Ltd [2009] NSWSC 910