Pamplin v Irwin

In *Pamplin v Irwin*, the applicant sought a stay of execution of certain orders made in the primary proceedings, specifically concerning the transfer of land and property to the successful plaintiff, Ms Irwin. The applicant also sought Mareva relief pending the determination of an appeal.

The central legal issues before the court were whether the transfer of land and property to the successful plaintiff should be stayed pending appeal, and whether the successful plaintiff was entitled to Mareva relief pending the appeal.

Leeming JA considered the application for a stay of execution and limited Mareva relief. The court, by consent, varied existing orders to correct folio identifiers relating to property. Crucially, the court varied an earlier order that had stayed the operation of certain orders until 14 days after reasons were delivered, replacing this with a stay until the determination of the proceedings in the Court of Appeal. Furthermore, upon the plaintiff proffering the usual undertaking as to damages, the court ordered that the fourth applicant be restrained from dealing with its interest in specific properties without first giving Ms Irwin 14 days' written notice. The court otherwise dismissed the notice of motion.

The final orders reflected these determinations, including the variation of previous orders, the imposition of a stay pending appeal, and the limited Mareva relief granted to Ms Irwin. The costs of the application were made costs in the cause.