Grant v Grant

In *Grant v Grant*, the appellants sought a stay of orders made in the Equity Division on 24 September 2020, pending the determination of their appeal. The central dispute revolved around the appellants' contention that the appeal would be rendered nugatory if the judgment were enforced without a stay.

The primary legal issue before Macfarlan JA was whether to grant a stay of the Equity Division's orders. This required the court to consider the potential for the appeal to be stultified by the enforcement of the judgment and to balance the interests of both the appellants and the respondent in determining appropriate conditions for any stay.

Macfarlan JA granted the stay on terms designed to provide reasonable protection to the respondent. These terms included requiring the appellants to undertake to keep a specific property insured, not to encumber or damage it, to maintain it in good repair, and not to rent it for periods exceeding six weeks. Furthermore, both appellants were ordered to provide undertakings not to dispose of any assets, except for ordinary living expenses, property maintenance, or legal costs related to the proceedings. The costs of the motion for the stay were made costs in the appeal, and directions were given for fixing a hearing date.