Darley and Darley (No. 3)

Case

[2019] FamCA 459

10 June 2019


Details
AGLC Case Decision Date
Darley and Darley (No. 3) [2019] FamCA 459 [2019] FamCA 459 10 June 2019

CaseChat Overview and Summary

In *Darley and Darley (No. 3)*, the applicant sought a stay of proceedings. The application had not been served on the other parties, and the time for payment of a costs order had expired.

The central legal issue before Carew J was whether to grant the applicant's request for a stay of proceedings in circumstances where the application had not been served on the opposing parties and the deadline for complying with a costs order had passed.

Carew J dismissed the application, finding that there was no evidence presented to explain the delay in seeking the stay or to demonstrate any hardship suffered by the applicant as a result of the existing situation. The court applied the principle that an applicant for a stay must provide a satisfactory explanation for any delay and demonstrate the necessity of the relief sought.

Consequently, the application filed by the applicant on 4 June 2019 was dismissed.
Details

Areas of Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Stay of Proceedings

Actions
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Cases Citing This Decision

0

Cases Cited

4

Statutory Material Cited

1

Aldridge & Keaton (Stay Appeal) [2009] FamCAFC 106
Bele & Vaughan [2011] FamCA 724