Prain and Levy (No 2)

In *Prain and Levy (No 2)*, O’Reilly J considered an application by the wife for a stay of an order made on 14 September 2011, pending the determination of her application for leave to appeal and her subsequent appeal. The dispute concerned the wife's desire to appeal an earlier court order, and the husband's interest in ensuring that certain funds remained available to satisfy potential obligations arising from that order.

The primary legal issue before the court was whether to grant a stay of order 4 of the previous orders, and if so, on what conditions. This involved assessing the wife's prospects of success on appeal and the balance of convenience, particularly concerning the preservation of assets.

O’Reilly J granted the stay of order 4, subject to the wife prosecuting her appeal diligently. This condition was crucial, as failure to do so would allow the husband to apply to lift the stay. The court also made orders regarding the wife's undertaking concerning her loan account with B Levy Investments Pty Ltd, ensuring that the balance would not fall below $250,000 without notice, and that these funds would be applied to any unsatisfied obligation to the husband should her appeal be unsuccessful. The costs of both parties were to be costs in the appeal.