Adeels Palace Pty Ltd v Moubarak; Adeels Palace Pty Ltd v Najem (No.2) [2009] NSWCA 130

A stay is granted in each case, subject to the condition that security for the judgment debt and interest is provided within fourteen days, as agreed by the parties or approved by the Registrar, with leave granted to apply for the removal of this condition.

Parties: Applicant: Adeels Palace Pty Ltd; Respondent: Anthony Moubarak; Respondent: Antoin Fayez Bou Najem
Jurisdiction: Australia
Judgment Date: 25 May 2009
Procedural Posture: Application for Stay Pending Special Leave to Appeal / Post Appeal, Pre High Court Special Leave
Outcome: stay of execution granted subject to provision of security
Legal Topics: Stay of Judgment, Security for Judgment Debt

Civil Procedure Stay of Judgment Security for Judgment Debt

Case Brief

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Parties

Adeels Palace Pty Ltd

Applicant

Anthony Moubarak

Respondent

Antoin Fayez Bou Najem

Respondent

Procedural Posture

Application for Stay Pending Special Leave to Appeal / Post Appeal, Pre High Court Special Leave

Legal Issues

1 Whether a stay of judgment should be granted pending an application for special leave to appeal to the High Court.
2 Whether security for the judgment debt should be required as a condition for granting a stay.

Ratio Decidendi

Court Disposition

stay of execution granted subject to provision of security

Orders

Applicant to provide security for judgment debt and interest within fourteen days as agreed or approved by Registrar; if not, stay ends.
Leave granted to applicant to apply on 1 June 2009 for removal of security condition; evidence to be served by midday, 28 May 2009.