Hurt & 6 Ors v Freeman [2002] NSWSC 367

Hurt & 6 Ors v Freeman [2002] NSWSC 367

Applicant did not demonstrate a reason or appropriate case to warrant the exercise of discretion in favour of funding appeal or living expenses from assets frozen and falling short of the judgment; a short stay was granted solely to allow an application for leave to appeal.

Jurisdiction
Australia
Judgment Date
29 April 2002
Procedural Posture
Equity / Post Judgment Stay Application
Outcome
Short stay granted
Legal Topics
['stay of Execution' 'practice and Procedure' 'funding Appeal From Frozen Assets']
['civil Procedure'] ['stay of Execution' 'practice and Procedure' 'funding Appeal From Frozen Assets']

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Procedural Posture

Equity / Post Judgment Stay Application

Legal Issues

  1. 1 ['Whether to grant a stay of execution to enable the defendant to fund appeal and living expenses from assets frozen pending appeal and falling well short of the judgment']

Ratio Decidendi

Applicant did not demonstrate a reason or appropriate case to warrant the exercise of discretion in favour of funding appeal or living expenses from assets frozen and falling short of the judgment; a short stay was granted solely to allow an application for leave to appeal.

Court Disposition

Short stay granted

Orders

  • ['A short stay of execution is provided to 14 May 2002 upon conditions consented to and undertakings given by the Applicant.' 'Costs of today to be paid by the Applicant in relation to the Notice of Motion.']