Hansford and Phillips (No.4)

Case

[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.
Details

Areas of Law

  • Civil Procedure

Legal Concepts

  • Appeal

  • Costs

  • Stay of Proceedings

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Cases Citing This Decision

0

Cases Cited

1

Statutory Material Cited

2

Hart & Sellwood [2016] FamCAFC 254