Stepanoski v Aslan (No 4) [2019] NSWSC 1859

No valid reason was advanced by the defendant for continuation of the stay and delay would prejudice the plaintiffs. Accordingly, the stay should be lifted.

Jurisdiction: Australia
Judgment Date: 18 December 2019
Procedural Posture: Equity / Procedural and Other Rulings
Outcome: Orders made as requested by plaintiffs: dismissal of motions, lifting stay; costs awarded on indemnity basis against defendant.
Legal Topics: ['stay of Proceedings' 'costs' 'dismissal of Motions' 'lifting Stay on Judgment']

['civil Procedure'] ['stay of Proceedings' 'costs' 'dismissal of Motions' 'lifting Stay on Judgment']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Procedural Posture

Equity / Procedural and Other Rulings

Legal Issues

1 ['Whether prejudice would be suffered by the defendant if stay was lifted' 'Whether reasons advanced as to why stay should continue']

Ratio Decidendi

No valid reason was advanced by the defendant for continuation of the stay and delay would prejudice the plaintiffs. Accordingly, the stay should be lifted.

Court Disposition

Orders made as requested by plaintiffs: dismissal of motions, lifting stay; costs awarded on indemnity basis against defendant.

Orders

["The balance of the defendant's notice of motion filed 5 March 2019 be dismissed with costs." "The balance of the plaintiffs' notice be dismissed." 'The stay on the interim Judgment in favour of the plaintiffs in the sum of $225,710.38 be lifted.' "Order that the defendant to pay the plaintiffs' costs of today on...