Strahan and Strahan (Stay)
Case
•
[2009] FamCA 1238
•15 December 2009
Details
AGLC
Case
Decision Date
Strahan and Strahan (Stay) [2009] FamCA 1238
[2009] FamCA 1238
15 December 2009
CaseChat Overview and Summary
In *Strahan and Strahan (Stay)*, the wife sought a stay of certain orders made by Justice Strickland on 5 November 2009, pending the determination of her appeal against those orders. The application was heard by Justice Dawe.
The central legal issue before Justice Dawe was whether the wife had established sufficient grounds to warrant a stay of the 5 November 2009 orders. This required the court to consider the principles governing the grant of a stay pending appeal, including the likelihood of success on appeal and the balance of convenience.
Justice Dawe granted the stay, imposing a condition that the wife must diligently prosecute her appeal without delay. This indicates that the court was satisfied that the wife had met the necessary threshold for a stay, likely by demonstrating a serious question to be tried on appeal and that the balance of convenience favoured granting the stay to preserve the status quo pending the appeal's resolution.
The central legal issue before Justice Dawe was whether the wife had established sufficient grounds to warrant a stay of the 5 November 2009 orders. This required the court to consider the principles governing the grant of a stay pending appeal, including the likelihood of success on appeal and the balance of convenience.
Justice Dawe granted the stay, imposing a condition that the wife must diligently prosecute her appeal without delay. This indicates that the court was satisfied that the wife had met the necessary threshold for a stay, likely by demonstrating a serious question to be tried on appeal and that the balance of convenience favoured granting the stay to preserve the status quo pending the appeal's resolution.
Details
Key Legal Topics
Areas of Law
-
Civil Procedure
Legal Concepts
-
Appeal
-
Stay of Proceedings
Actions
Download as PDF
Download as Word Document
Cases Citing This Decision
0
Cases Cited
7
Statutory Material Cited
2
Strahan & Strahan (Disqualification)
[2009] FamCAFC 204
Aldridge & Keaton (Stay Appeal)
[2009] FamCAFC 106