Malloy & Stopford Malloy & Ors (Stay)
Case
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[2016] FamCA 1040
•7 December 2016
Details
AGLC
Case
Decision Date
Malloy & Stopford Malloy & Ors (Stay) [2016] FamCA 1040
[2016] FamCA 1040
7 December 2016
CaseChat Overview and Summary
In the matter of *Malloy & Stopford Malloy & Ors (Stay)*, Chief Justice Bryant of the Supreme Court of Tasmania considered applications for a stay of certain orders made on 5 September 2016. The primary application was brought by the applicant husband, seeking to stay orders pending the determination of his appeal. Applications were also made by the second and third respondents, and by the wife in response to the husband's application.
The court was required to determine whether to grant a stay of specific orders made on 5 September 2016, pending the outcome of the husband's appeal. Additionally, the court had to consider and rule upon the applications made by the second and third respondents and the wife's response.
Chief Justice Bryant ordered that the orders made on 5 September 2016, specifically orders 1-12 and 14, be stayed pending the determination of the husband's appeal. The applications by the second and third respondents, and certain orders sought by the wife, were dismissed. Other orders sought by the wife concerning costs were to be dealt with by written submissions, with a detailed timetable provided for the filing and service of those submissions. The husband's solicitors were directed to serve the Receivers with a copy of the orders and reasons for judgment forthwith.
The court was required to determine whether to grant a stay of specific orders made on 5 September 2016, pending the outcome of the husband's appeal. Additionally, the court had to consider and rule upon the applications made by the second and third respondents and the wife's response.
Chief Justice Bryant ordered that the orders made on 5 September 2016, specifically orders 1-12 and 14, be stayed pending the determination of the husband's appeal. The applications by the second and third respondents, and certain orders sought by the wife, were dismissed. Other orders sought by the wife concerning costs were to be dealt with by written submissions, with a detailed timetable provided for the filing and service of those submissions. The husband's solicitors were directed to serve the Receivers with a copy of the orders and reasons for judgment forthwith.
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
Actions
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Most Recent Citation
Stopford Malloy and Malloy & Ors (No 2) [2016] FamCA 1087
Cases Cited
9
Statutory Material Cited
1
Trahn & Long (No. 2)
[2008] FamCAFC 194
Aldridge & Keaton (Stay Appeal)
[2009] FamCAFC 106