Nadinic v Cheryl Drinkwater as trustee for the Cheryl Drinkwater Trust

In *Nadinic v Cheryl Drinkwater as trustee for the Cheryl Drinkwater Trust*, the applicant sought a stay of certain orders made by Emmett AJA on 21 May 2019, pending the determination of an appeal. The core of the dispute concerned the risk of recovery of money paid to the respondent should the appeal be successful, particularly in light of undertakings offered by the respondent. The matter came before Gleeson JA.

The primary legal issue before the Court was whether there was a significant risk that money paid to the respondent would be irrecoverable without delay or difficulty if the appeal succeeded, and whether the undertakings offered by the respondent adequately mitigated this risk. The Court was required to assess the balance of convenience and the prospects of the appeal in determining whether to grant the stay.

Gleeson JA considered the undertakings provided by the respondent, which were formally noted by the Court. The Court found that these undertakings were sufficient to address the concerns regarding the potential difficulty or delay in recovering funds if the appeal were successful. Consequently, the Court ordered that orders 3 and 6 made by Emmett AJA on 21 May 2019 be stayed pending the determination of the appeal. The applicant's notice of motion filed on 14 June 2019 was otherwise dismissed, with the costs of that motion to be the applicant's costs in the appeal.