Enterprise ICT Pty Ltd v Pham [2017] NSWCA 236

Enterprise ICT Pty Ltd v Pham [2017] NSWCA 236

No stay should be granted because none of the grounds of appeal is reasonably arguable and the balance of convenience favours the respondents, who have been deprived of ownership and possession of the property for several years.

Jurisdiction
Australia
Judgment Date
15 September 2017
Procedural Posture
Application for Stay Pending Appeal / Court of Appeal Determination of Notice of Motion (stay of Proceedings)
Outcome
Applicant's notice of motion dismissed
Legal Topics
['stay of Proceedings' 'appeal' 'procedural Fairness']
['civil Procedure' 'equity'] ['stay of Proceedings' 'appeal' 'procedural Fairness']

Case Brief

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Procedural Posture

Application for Stay Pending Appeal / Court of Appeal Determination of Notice of Motion (stay of Proceedings)

Legal Issues

  1. 1 ['Whether a stay of proceedings pending appeal should be granted' 'Whether there are reasonably arguable grounds of appeal' 'Balance of convenience between the parties']

Ratio Decidendi

No stay should be granted because none of the grounds of appeal is reasonably arguable and the balance of convenience favours the respondents, who have been deprived of ownership and possession of the property for several years.

Court Disposition

Applicant's notice of motion dismissed

Orders

  • ["The applicant's notice of motion is dismissed." "The applicant is to pay the respondents' costs of the motion." 'Make no order as to the costs of Enterprise ICT Pty Ltd.']