Pollack v Yapp
Case
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[2019] NSWCA 103
•06 May 2019
Details
AGLC
Case
Decision Date
Pollack v Yapp [2019] NSWCA 103
[2019] NSWCA 103
06 May 2019
CaseChat Overview and Summary
In *Pollack v Yapp*, the appellant sought a stay of orders made by the primary judge on 24 April 2019, pending the determination of an appeal to the Court of Appeal.
The central legal issue before the Court of Appeal was whether the appellant had established sufficient grounds to warrant a stay of the primary judge's orders. This involved considering the usual principles applicable to applications for a stay of judgment pending appeal, which typically require demonstrating a strong arguable case and that the balance of convenience favours granting the stay.
The Court ordered that the appellant file and serve the Appeal Book and submissions by specified dates, with the respondents to file and serve their submissions thereafter. The matter was listed for hearing on 31 May 2019. Crucially, the Court ordered that the orders made by the primary judge on 24 April 2019 be stayed until the delivery of the Court of Appeal's decision or further order. Liberty to apply was granted on three days' notice.
The central legal issue before the Court of Appeal was whether the appellant had established sufficient grounds to warrant a stay of the primary judge's orders. This involved considering the usual principles applicable to applications for a stay of judgment pending appeal, which typically require demonstrating a strong arguable case and that the balance of convenience favours granting the stay.
The Court ordered that the appellant file and serve the Appeal Book and submissions by specified dates, with the respondents to file and serve their submissions thereafter. The matter was listed for hearing on 31 May 2019. Crucially, the Court ordered that the orders made by the primary judge on 24 April 2019 be stayed until the delivery of the Court of Appeal's decision or further order. Liberty to apply was granted on three days' notice.
Details
Key Legal Topics
Areas of Law
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Civil Procedure
Legal Concepts
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Appeal
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Stay of Proceedings
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Procedural Fairness
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Citations
Pollack v Yapp [2019] NSWCA 103
Cases Citing This Decision
0
Cases Cited
2
Statutory Material Cited
0
Bar-Mordecai v Rotman
[2000] NSWCA 123
Yapp v Pollak
[2019] NSWSC 449