Morkaya v Parkinson; Parkinson v Morkaya [2008] NSWSC 642

Morkaya v Parkinson; Parkinson v Morkaya [2008] NSWSC 642

The stay of the payment order was refused because the payment was not irrecoverable, would reduce the applicant’s own liability as co-obligor, and the applicant’s evidence of financial incapacity was inadequate.

Jurisdiction
Australia
Judgment Date
20 June 2008
Procedural Posture
Notice of Motion for Stay Pending Appeal / Interlocutory Application for Stay of as J's Order
Outcome
Stay refused except for seven-day period granted by consent
Legal Topics
['stay of Judgment' 'asset Preservation' 'interim Orders' 'co Lessee Liability' 'contempt of Court']
['equity' 'property Law'] ['stay of Judgment' 'asset Preservation' 'interim Orders' 'co Lessee Liability' 'contempt of Court']

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Procedural Posture

Notice of Motion for Stay Pending Appeal / Interlocutory Application for Stay of as J's Order

Legal Issues

  1. 1 ['Whether stay of payment order should be granted pending appeal' 'Whether payment would prejudice the interests of justice or be irrecoverable if appeal succeeds' 'Adequacy of evidence as to financial incapacity']

Ratio Decidendi

The stay of the payment order was refused because the payment was not irrecoverable, would reduce the applicant’s own liability as co-obligor, and the applicant’s evidence of financial incapacity was inadequate.

Court Disposition

Stay refused except for seven-day period granted by consent

Orders

  • ['Order made on 13 June 2008 stayed until 27 June 2008' 'Costs of today reserved']