McGettigan v Coulter

The applicant, McGettigan, sought a stay of orders made in the Equity Division of the Supreme Court of New South Wales, which was refused by Macfarlan JA. The respondents, Coulter and others, had received funds previously paid into court.

The primary legal issue before the Court was whether to grant a stay of the orders made in the Equity Division pending the determination of the applicant's appeal. This involved considering the balance of convenience and the potential for irreparable harm to the applicant if the stay was not granted.

Macfarlan JA accepted undertakings from the respondents that they would retain the funds received from the moneys paid into court in their personal bank accounts until the disposition of the applicant's appeal. These funds were not to be disbursed or expended during this period. The Court then dismissed the applicant's motion for a stay of the orders made in the Equity Division. The applicant was ordered to pay the respondents' costs of the notice of motion.