Mr D v Ms P

Mr D sought a stay of a judgment granted by Simpson AJ on 9 September 2020, pending the determination of his appeal. The primary judgment involved a sum of $979,550, a portion of which remained unchallenged by Mr D. The application concerned the extent to which the judgment and a separate costs order made on 16 March 2020 should be stayed.

The central legal issue before Macfarlan JA was whether to grant a partial stay of the primary judgment and the costs order. This required the court to consider the conditions under which such a stay would be appropriate, particularly given that part of the judgment was not being appealed.

Macfarlan JA ordered a partial stay of the judgment, specifically of $679,550 of the $979,550 awarded, and a stay of the costs order. This stay was conditional upon Mr D providing a written undertaking to the Court within seven days. The undertaking required Mr D not to dispose of or encumber his real property, securities, or other assets (excluding bank accounts) and to prosecute his appeal expeditiously. The costs of the stay application were made costs in the appeal.