Croucher v Cachia (No 2)

The applicant, Croucher, sought a stay of a judgment delivered by Judge Norton SC on 18 May 2015, pending the determination of an appeal. The respondent was Cachia.

The primary legal issue before the Court was the form and content of undertakings required to be provided by the applicant and a third party, Peggy Jeanette Croucher, as a condition for granting the stay.

Tobias AJA granted the stay of the judgment, subject to the filing of signed written undertakings by both the applicant and Peggy Jeanette Croucher within seven days. These undertakings were to be in the form specified in the court's orders. The costs associated with the Notice of Motion were to be costs in the appeal. Further directions were given regarding the filing of written submissions by both parties, with the appeal fixed for hearing on 2 March 2016.