Dogra v Dogra (No 3) [2024] NSWCA 208

Dogra v Dogra (No 3) [2024] NSWCA 208

A stay should be granted as there is a sufficient risk that enforcing the costs orders would result in the bankruptcy of Aruna and Kapil Dogra, thereby stultifying the appeal and cross-appeal. Both proceedings are reasonably arguable and set down for imminent hearing. The balance of convenience favours a stay, with the costs judgments stayed until 21 days after appeal determination or further order.

Parties
Appellant: Aruna Dogra; First Respondent: Mamta Dogra; Second Respondent: Kapil Dogra
Jurisdiction
Australia
Judgment Date
19 August 2024
Procedural Posture
Appeal / Interlocutory Motion for Stay Pending Appeal
Outcome
Both applications for stays are granted.
Legal Topics
Stay of Proceedings, Appeals, Bankruptcy—effect on Appeal, Costs Orders—enforcement and Stay
Civil Procedure Stay of Proceedings Appeals Bankruptcy—effect on Appeal Costs Orders—enforcement and Stay

Case Brief

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Parties

Aruna Dogra

Appellant

Mamta Dogra

First Respondent

Kapil Dogra

Second Respondent

Procedural Posture

Appeal / Interlocutory Motion for Stay Pending Appeal

Legal Issues

  1. 1 Whether to grant a stay of costs orders and enforcement judgments pending determination of the appeal and cross-appeal
  2. 2 Whether the risk of bankruptcy if costs orders are enforced justifies a stay
  3. 3 Assessment of prejudice to parties if stay is or is not granted

Ratio Decidendi

A stay should be granted as there is a sufficient risk that enforcing the costs orders would result in the bankruptcy of Aruna and Kapil Dogra, thereby stultifying the appeal and cross-appeal. Both proceedings are reasonably arguable and set down for imminent hearing. The balance of convenience favours a stay, with the costs judgments stayed until 21 days after appeal determination or further order.

Court Disposition

Both applications for stays are granted.

Orders

  • Order 4 of Lindsay J's orders of 22 December 2023 is stayed until 21 days after the determination of the appeal or until further order.
  • Judgment/order of the District Court of NSW, Proceedings No. 2024/00275250, issued 26 July 2024, is stayed until 21 days after the determination of the appeal or until further order.