CHAN -v- BURROWES [1998] NSWCA 56

CHAN -v- BURROWES [1998] NSWCA 56

The appellant failed to demonstrate that a stay should be granted; there is security for the respondent's interest and appellant likely has sufficient assets to pay without sale of the property. The risk that the appeal would be nugatory or that payments would be irrecoverable is not established.

Parties
Appellant: Augustine Chan; Respondent: Burrowes
Jurisdiction
Australia
Judgment Date
02 March 1998
Procedural Posture
Application for Stay Pending Appeal / Interlocutory Application
Outcome
application for stay refused with costs
Legal Topics
Stay of Orders, Adjustment of Property Interests, Appeal Procedure
Property Law De Facto Relationships Law Stay of Orders Adjustment of Property Interests Appeal Procedure

Case Brief

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Parties

Augustine Chan

Appellant

Burrowes

Respondent

Procedural Posture

Application for Stay Pending Appeal / Interlocutory Application

Legal Issues

  1. 1 Whether a stay of enforcement of orders for payment and sale of property pending appeal should be granted

Ratio Decidendi

The appellant failed to demonstrate that a stay should be granted; there is security for the respondent's interest and appellant likely has sufficient assets to pay without sale of the property. The risk that the appeal would be nugatory or that payments would be irrecoverable is not established.

Court Disposition

application for stay refused with costs

Orders

  • Notice of motion for stay refused with costs.
  • Notice of motion for enforcement referred back to Master Macready.