Lawrence v Gunner (No 2)
Case
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[2015] NSWCA 395
•11 December 2015
Details
AGLC
Case
Decision Date
Lawrence v Gunner (No 2) [2015] NSWCA 395
[2015] NSWCA 395
11 December 2015
CaseChat Overview and Summary
In *Lawrence v Gunner (No 2)*, the appellants sought a variation of an existing stay ordered by the Court on 15 October 2015. The application was heard by Gleeson JA.
The primary legal issue before the Court was whether the appellants had demonstrated arguable grounds to justify a variation of the existing stay pending their appeal.
Gleeson JA refused the application to vary the stay, finding that the appellants had not demonstrated arguable grounds for such variation. The Court ordered that the application be refused with costs, with the reasons for this decision to be reserved. The Court also made directions regarding the further conduct of the proceedings, including the filing of an amended notice of appeal and potential applications for additional evidence.
The primary legal issue before the Court was whether the appellants had demonstrated arguable grounds to justify a variation of the existing stay pending their appeal.
Gleeson JA refused the application to vary the stay, finding that the appellants had not demonstrated arguable grounds for such variation. The Court ordered that the application be refused with costs, with the reasons for this decision to be reserved. The Court also made directions regarding the further conduct of the proceedings, including the filing of an amended notice of appeal and potential applications for additional evidence.
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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Most Recent Citation
Lawrence v Gunner (No 3) [2016] NSWCA 18
Cases Cited
6
Statutory Material Cited
6
Lawrence v Gunner; Gunner v Lawrence
[2015] NSWSC 944
Lawrence v Gunner; Gunner v Lawrence
[2015] NSWSC 1229
Lawrence v Gunner
[2015] NSWCA 322