Shuetrim v FSS Trustee Corporation [2015] NSWSC 811

Shuetrim v FSS Trustee Corporation [2015] NSWSC 811

Given the risk that the plaintiff might be unable to repay the orders if the defendants were successful on appeal, the arguable nature of the appeals, and the usual practice, a stay should be granted against orders affecting MetLife and TAL pending the determination of their appeals.

Jurisdiction
Australia
Judgment Date
23 June 2015
Procedural Posture
Equity Proceedings / Application for Stay Pending Appeal
Outcome
Stay of orders granted as against second and third defendants pending determination of their appeals; no order as to costs.
Legal Topics
['stay of Orders' 'notice of Appeal' 'relevant Factors for Granting Stay']
['civil Procedure'] ['stay of Orders' 'notice of Appeal' 'relevant Factors for Granting Stay']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Equity Proceedings / Application for Stay Pending Appeal

Legal Issues

  1. 1 ['Whether to grant a stay of orders pending appeal by the second and third defendants']

Ratio Decidendi

Given the risk that the plaintiff might be unable to repay the orders if the defendants were successful on appeal, the arguable nature of the appeals, and the usual practice, a stay should be granted against orders affecting MetLife and TAL pending the determination of their appeals.

Court Disposition

Stay of orders granted as against second and third defendants pending determination of their appeals; no order as to costs.

Orders

  • ['My orders of 19 June 2015 are stayed as against the second and third defendants pending determination of their appeals against the reasons of 24 April 2015 and the declarations and orders of 19 June 2015.' 'No order as to the costs of these applications.']