International Skin Care Suppliers Pty Ltd v Whyte [2011] NSWSC 486

International Skin Care Suppliers Pty Ltd v Whyte [2011] NSWSC 486

The application for a stay pending appeal was dismissed as no arguable grounds of appeal were demonstrated, and the balance of convenience strongly favoured the plaintiffs given evidence that assets would likely be taken and hidden if possession returned to the second defendant.

Jurisdiction
Australia
Judgment Date
25 May 2011
Procedural Posture
Interlocutory Application / Application for Stay Pending Appeal
Outcome
Application for stay pending appeal dismissed with costs
Legal Topics
['stay of Orders Pending Appeal' 'balance of Convenience' 'alienation to Defeat Creditors']
['corporations Law' 'equity' 'civil Procedure'] ['stay of Orders Pending Appeal' 'balance of Convenience' 'alienation to Defeat Creditors']

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Procedural Posture

Interlocutory Application / Application for Stay Pending Appeal

Legal Issues

  1. 1 ['Whether a stay of orders pending appeal should be granted' 'Whether arguable grounds of appeal are shown' 'Where the balance of convenience lies in granting or refusing the stay']

Ratio Decidendi

The application for a stay pending appeal was dismissed as no arguable grounds of appeal were demonstrated, and the balance of convenience strongly favoured the plaintiffs given evidence that assets would likely be taken and hidden if possession returned to the second defendant.

Court Disposition

Application for stay pending appeal dismissed with costs

Orders

  • ['The application of the second defendant by interlocutory process filed in court yesterday afternoon is dismissed with costs.']