Carkeek v William (trading as Aubrey F Crawley & Co) [2023] NSWSC 1269

Carkeek v William (trading as Aubrey F Crawley & Co) [2023] NSWSC 1269

While the prospects of success of the appeal are slim for Robert, there is a risk that the appeal could be abortive for both plaintiffs if a stay is not granted, and on the balance of convenience and interests of justice, a stay of execution should be granted pending further order. Sophie may have additional grounds upon independent advice.

Jurisdiction
Australia
Judgment Date
26 October 2023
Procedural Posture
Stay Application / Ruling on Applications for Stay Pending Appeal
Outcome
Stay of judgment granted; each party to pay their own costs.
Legal Topics
['stay of Proceedings' 'costs Assessment Review' 'bankruptcy Notice' 'extension of Time' 'pro Bono Certificate']
['civil Procedure' 'legal Profession'] ['stay of Proceedings' 'costs Assessment Review' 'bankruptcy Notice' 'extension of Time' 'pro Bono Certificate']

Case Brief

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Procedural Posture

Stay Application / Ruling on Applications for Stay Pending Appeal

Legal Issues

  1. 1 ['Whether a stay should be granted on execution of judgment pending appeal' 'Whether the plaintiffs demonstrated prejudice sufficient to warrant a stay' 'Whether quantum of costs was incorrectly assessed' 'Status of interested party in costs review panel']

Ratio Decidendi

While the prospects of success of the appeal are slim for Robert, there is a risk that the appeal could be abortive for both plaintiffs if a stay is not granted, and on the balance of convenience and interests of justice, a stay of execution should be granted pending further order. Sophie may have additional grounds upon independent advice.

Court Disposition

Stay of judgment granted; each party to pay their own costs.

Orders

  • ['The plaintiffs are granted a stay on the execution of the judgment in the District Court dated 30 January 2023 until further order of this Court.' 'Each party is to pay their own costs.']