Meetfresh Franchising Pty Ltd v Ivanman Pty Ltd

Meetfresh Franchising Pty Ltd (the appellant) sought a stay of a judgment entered against it in favour of Ivanman Pty Ltd (the respondent) by Robison DCJ on 13 November 2019, for the sum of $113,171, together with an order for costs. The appeal concerned the appellant's application for this stay.

The primary legal issue before Macfarlan JA was whether to grant a stay of the judgment pending the determination of the appeal. This involved considering the financial positions of both the appellant and the respondent, as well as the merits of the appeal itself, although the latter was not elaborated upon in the provided text.

Macfarlan JA ordered that the judgment and costs order be stayed until the disposition of the appeal, provided that the appellant paid the judgment sum of $113,171 into court within 14 days of the date of the judgment. This condition was imposed to secure the respondent's position pending the appeal, reflecting concerns about the financial standing of both parties. The costs of the motion for the stay were to be costs in the appeal.