Hansford and Phillips (No.4)
Case
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[2019] FCCA 1379
•4 April 2019
Details
AGLC
Case
Decision Date
Hansford and Phillips (No.4) [2019] FCCA 1379
[2019] FCCA 1379
4 April 2019
CaseChat Overview and Summary
This matter concerned an application for a stay of certain orders made by Judge Young on 28 February 2019. The application was brought by Hansford and Phillips (No.4), who sought to stay orders 1, 2, 3, and 4 of the previous judgment pending an appeal.
The primary legal issue before the court was whether to grant a stay of the existing orders. Specifically, the court had to determine whether to grant a stay of orders 1, 2, and 3, and separately, whether to grant a stay of order 4, pending the determination of an appeal.
In reaching its decision, the court considered the principles governing applications for a stay of judgment pending appeal. The court granted a stay of order 4, but dismissed the application for a stay of orders 1, 2, and 3. The costs associated with this application were reserved for the appeal court to determine.
The primary legal issue before the court was whether to grant a stay of the existing orders. Specifically, the court had to determine whether to grant a stay of orders 1, 2, and 3, and separately, whether to grant a stay of order 4, pending the determination of an appeal.
In reaching its decision, the court considered the principles governing applications for a stay of judgment pending appeal. The court granted a stay of order 4, but dismissed the application for a stay of orders 1, 2, and 3. The costs associated with this application were reserved for the appeal court to determine.
Details
Key Legal Topics
Areas of Law
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Civil Procedure
Legal Concepts
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Appeal
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Costs
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Stay of Proceedings
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