Marshall v Fleming [2013] NSWCA 195

Marshall v Fleming [2013] NSWCA 195

The balance of convenience supports granting a stay of orders referring questions of foreign law and related ancillary orders due to expired compliance timeframe and ongoing contested formulation, pending determination of appeal.

Jurisdiction
Australia
Judgment Date
17 June 2013
Procedural Posture
Civil / Motion for Stay Pending Hearing of Application for Leave to Appeal and Appeal
Outcome
stay granted; proceedings expedited; orders as to concurrent hearing and costs
Legal Topics
['judgments and Orders' 'stay Pending Hearing' 'referral of Questions of Foreign Law' 'compliance With Procedural Rules']
['civil Procedure'] ['judgments and Orders' 'stay Pending Hearing' 'referral of Questions of Foreign Law' 'compliance With Procedural Rules']

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Procedural Posture

Civil / Motion for Stay Pending Hearing of Application for Leave to Appeal and Appeal

Legal Issues

  1. 1 ['Whether stay should be granted over interlocutory orders referring questions of foreign law to a referee' 'Whether ancillary orders regarding formulation of questions of foreign law and compliance timeframe should also be stayed']

Ratio Decidendi

The balance of convenience supports granting a stay of orders referring questions of foreign law and related ancillary orders due to expired compliance timeframe and ongoing contested formulation, pending determination of appeal.

Court Disposition

stay granted; proceedings expedited; orders as to concurrent hearing and costs

Orders

  • ['Stay orders 1, 2 and 3 made by Harrison J on 17 May 2013 pending the determination of the proceedings in this Court.' 'Direct that the application for leave to appeal and the appeal be subject to a concurrent hearing.' 'Order that the proceedings be expedited on the basis that the hearing of the matters will be...