Landa v Perpetual Trustees Victoria Ltd

In *Landa v Perpetual Trustees Victoria Ltd*, the appellant sought a stay of writs for possession pending an appeal. The parties agreed that the appeal was reasonably arguable and that the case was otherwise appropriate for a stay. The central dispute before the court concerned the appropriate amount of interest payments that should be made by the appellant for the duration of the stay, and the relevance of any delay by the judgment creditor that might occasion prejudice to the appellant.

The court was required to determine the terms upon which a stay of the writs for possession should be granted, specifically focusing on the quantum of interest payable by the appellant during the period of the stay. This involved considering the principles governing the grant of stays pending appeal and how those principles should be applied to the specific circumstances of the case, including the potential prejudice to the judgment creditor arising from any delay.

Leeming JA found that a proper basis for the stay had been made out. The court's reasoning would have involved an assessment of the appellant's prospects of success on appeal and the balance of convenience between the parties. The court considered the appropriate interest rate to be applied to the outstanding amount for the period of the stay, taking into account the need to protect the judgment creditor from further prejudice due to the delay occasioned by the appeal. The court ultimately made orders staying the writs for possession on terms, which included provisions for the payment of interest.