Kent and Kent (No 2)
Case
•
[2017] FamCA 229
•13 April 2017
Details
AGLC
Case
Decision Date
Kent and Kent (No 2) [2017] FamCA 229
[2017] FamCA 229
13 April 2017
CaseChat Overview and Summary
In the matter of *Kent and Kent (No 2)*, Justice Carew of the Supreme Court of Queensland considered an application for a stay of proceedings. The applicant sought to halt proceedings in the Supreme Court, file number BRC 11392/2016, pending the determination of an appeal initiated by the respondent concerning an order made on 20 January 2017.
The central legal issue before the Court was whether the proceedings commenced by the applicant in the Supreme Court should be stayed pending the outcome of the respondent's appeal.
Justice Carew dismissed the application for a stay. The Court's reasoning and the specific legal principles applied are not detailed in the provided text, beyond the ultimate decision to refuse the stay. The Court made orders regarding the costs of the application, directing that if the parties could not agree on a costs order within 21 days, they were to file written submissions on the issue within a further 14 days, with the matter to be determined in chambers unless otherwise contended. If the parties reached agreement on costs, they were at liberty to file joint minutes of consent.
The central legal issue before the Court was whether the proceedings commenced by the applicant in the Supreme Court should be stayed pending the outcome of the respondent's appeal.
Justice Carew dismissed the application for a stay. The Court's reasoning and the specific legal principles applied are not detailed in the provided text, beyond the ultimate decision to refuse the stay. The Court made orders regarding the costs of the application, directing that if the parties could not agree on a costs order within 21 days, they were to file written submissions on the issue within a further 14 days, with the matter to be determined in chambers unless otherwise contended. If the parties reached agreement on costs, they were at liberty to file joint minutes of consent.
Details
Key Legal Topics
Areas of Law
-
Civil Procedure
Legal Concepts
-
Appeal
-
Costs
-
Stay of Proceedings
Actions
Download as PDF
Download as Word Document
Citations
Kent and Kent (No 2) [2017] FamCA 229
Cases Citing This Decision
0
Cases Cited
4
Statutory Material Cited
0
Aldridge & Keaton (Stay Appeal)
[2009] FamCAFC 106
Bele & Vaughan
[2011] FamCA 724