Scrivener v Cappello

In *Scrivener v Cappello*, heard before Macfarlan JA of the Court of Appeal of New South Wales, the appellant sought a stay of judgment pending the determination of an appeal and cross-appeal. The core of the dispute revolved around the appellant's desire to prevent the enforcement of existing judgments against him while the substantive appeal was being heard.

The primary legal issue before the Court was whether to grant the appellant's application for a stay of the judgments. This required the Court to consider the conditions under which a stay would be appropriate, particularly in light of the respondents' potential actions to enforce those judgments, such as the issuance of a Bankruptcy Notice.

Macfarlan JA determined that a stay would not be granted outright. Instead, the Court imposed conditions on the first and second respondents. These conditions, which were to be formalized by the respondents filing signed undertakings within seven days, included that any proceeds from the enforcement of the judgments would be paid into the trust account of their solicitors, and that neither respondent would issue or serve a Bankruptcy Notice on the appellant before the final resolution of the appeal and cross-appeal. The appellant was granted leave to relist the motion should these undertakings not be filed within the specified timeframe. The costs associated with the stay motion were to be borne by the respondents as part of their costs in the main appeal.