Ollier v Magnetic Island Country Club Inc
[2004] QCA 316
•31/08/2004
COURT OF APPEAL
WILLIAMS JA
Appeal No 8099 of 2003
GLENN THOMAS OLLIER Respondent/Plaintiff
and
SUSAN OLLIER (LITIGATION GUARDIAN) Respondent/Plaintiff
and
MAGNETIC ISLAND COUNTRY CLUB INCORPORATED
(NOT PARTY TO APPEAL) First Defendant
and
MARK ROY SHANAHAN Applicant/Second Defendant
BRISBANE
..DATE 31/08/2004
ORDER
MS M H HINDMAN (instructed by Wilson Ryan Grose) for the applicant
MR J BAULCH SC with MR M DREW (instructed by Lee Turnbull & Co) for the respondent
WILLIAMS JA: This is an application for a stay of execution of a judgment pending the hearing of an application for special leave to appeal to the High Court. The material indicates that the special leave application will not be heard until the first half of 2005.
Having read the material I am satisfied that a stay should be granted but on conditions. What I propose is to order that there be a stay of execution of the judgment of the Court of Appeal dated 30th April 2004 until such time as the application for special leave to appeal to the High Court is heard and decided or further earlier order, on the following conditions:
(1) That the applicant within 10 days file a sworn statement of assets and liabilities in form 71 of the Uniform Civil Procedure Rules, including therein full details of the proceeds of sale of the former residence at 12 Bond Court, Horseshoe Bay and any other assets that have been disposed of since the commencement of the proceedings, and;
(2) That within 10 days the applicant file an undertaking to the Court not to dispose of any further assets or encumber any assets until the application for special leave to appeal is heard and determined, save any disposal in the ordinary course of business and further except as provided by order of the Court.
...
WILLIAMS JA: Order that the applicant pay the respondent's costs of and incidental to the application to be assessed.
Well, that will be the formal order of the Court in the terms that I have announced.
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