PEARCE & PEARCE
Case
•
[2015] FamCA 272
•31 March 2015
Details
AGLC
Case
Decision Date
PEARCE & PEARCE [2015] FamCA 272
[2015] FamCA 272
31 March 2015
CaseChat Overview and Summary
In the matter of *Pearce & Pearce*, Dawe J considered applications relating to costs and a stay of proceedings pending an appeal. The husband sought to stay the recovery of monies due under orders made on 12 December 2014, while also making applications concerning the costs of the trial and a stay application.
The primary legal issues before the court were whether to grant a stay of recovery of monies due under the previous orders, and how to deal with the costs of the trial and related applications. The court was also required to consider an undertaking from the husband regarding his assets.
Dawe J ordered that the recovery of monies due pursuant to paragraph 1(a) of the 12 December 2014 orders be stayed pending the determination of the husband's appeal, on the condition that interest accruing from 13 March 2015 would continue to accrue. The husband provided an undertaking not to encumber or dispose of specified assets other than in the ordinary course of business. The husband's Application in a Case filed on 11 March 2015 was dismissed. Judgment was reserved in relation to the costs of the trial and the costs of both applications.
The primary legal issues before the court were whether to grant a stay of recovery of monies due under the previous orders, and how to deal with the costs of the trial and related applications. The court was also required to consider an undertaking from the husband regarding his assets.
Dawe J ordered that the recovery of monies due pursuant to paragraph 1(a) of the 12 December 2014 orders be stayed pending the determination of the husband's appeal, on the condition that interest accruing from 13 March 2015 would continue to accrue. The husband provided an undertaking not to encumber or dispose of specified assets other than in the ordinary course of business. The husband's Application in a Case filed on 11 March 2015 was dismissed. Judgment was reserved in relation to the costs of the trial and the costs of both applications.
Details
Key Legal Topics
Areas of Law
-
Civil Procedure
-
Family Law
Legal Concepts
-
Appeal
-
Costs
-
Stay of Proceedings
-
Injunction
Actions
Download as PDF
Download as Word Document
Citations
PEARCE & PEARCE [2015] FamCA 272
Cases Citing This Decision
0
Cases Cited
0
Statutory Material Cited
1