Rozenblit v VainerCitation:[2018] HCA 23Before:Kiefel CJ, Bell, Keane, Gordon, Edelman JJDate:13 Jun 2018Case Number:M114/2017Read more

Rozenblit v VainerCitation:[2018] HCA 23Before:Kiefel CJ, Bell, Keane, Gordon, Edelman JJDate:13 Jun 2018Case Number:M114/2017Read more

The primary judge did not err in staying the proceedings as the rules permit a stay where interlocutory costs orders remain unpaid, and impecuniosity does not override the need to comply with such orders.

Parties
Appellant: Appellant; Respondent: Respondent
Jurisdiction
Australia
Judgment Date
13 June 2018
Procedural Posture
Civil / Appeal From Interlocutory Order
Outcome
Appeal dismissed
Legal Topics
Stay of Proceedings, Costs, Amendment of Pleadings
Civil Procedure Stay of Proceedings Costs Amendment of Pleadings

Case Brief

Summary, issues, holding and outcome

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Parties

Appellant

Appellant

Respondent

Respondent

Procedural Posture

Civil / Appeal From Interlocutory Order

Legal Issues

  1. 1 Whether the primary judge erred in staying proceedings until interlocutory costs orders were paid

Ratio Decidendi

The primary judge did not err in staying the proceedings as the rules permit a stay where interlocutory costs orders remain unpaid, and impecuniosity does not override the need to comply with such orders.

Court Disposition

Appeal dismissed

Orders

  • Proceedings to remain stayed until interlocutory costs orders are paid
  • Appellant to pay costs of the appeal