Taheri v Vitek

In *Taheri v Vitek*, the applicant sought a stay of execution pending appeal. The dispute concerned the applicant's liability to the respondents under orders made by Bergin CJ in Equity and Rein J, which were the subject of the appeals. The matter came before Leeming JA in the Court of Appeal of New South Wales.

The primary legal issue before the Court was whether the applicant had demonstrated a sufficient basis to warrant a stay of the judgment debts pending the determination of her appeals. This involved considering whether the appeals were likely to fail and, if not, assessing the balance of convenience between the parties, particularly in light of the applicant's financial position and the respondents' entitlement to enforce their judgments.

Leeming JA granted the stay on terms, applying principles relating to stays pending appeal. The Court noted the limited information available regarding the applicant's liabilities but considered the applicant's undertakings and proposed charges over her assets. Specifically, the applicant undertook to prosecute her appeals with due despatch, not to dissipate her assets except for ordinary expenses and legal costs, to charge her property at 81 Seaforth with her liability to the respondents, and to take reasonable steps to sell two properties on George Street, Sydney, paying the net proceeds into Court. The existing stay was further extended, and the appeals were ordered to be heard expeditiously and together.