Bialkower, Bernie v Acohs Pty Ltd & Ors [1997] FCA 1563

Bialkower, Bernie v Acohs Pty Ltd & Ors [1997] FCA 1563

A stay of execution of the costs order will be granted upon the appellant undertaking to provide a bank guarantee to secure the relevant amount pending the outcome of the appeal, ensuring protection for both parties' cost entitlements.

Jurisdiction
Australia
Judgment Date
22 December 1997
Procedural Posture
Application for Stay of Execution / Post Judgment Motion; Pre Appeal Hearing
Outcome
Stay of execution of costs order granted subject to undertaking; appellant to pay costs of this motion.
Legal Topics
['stay of Execution' 'costs Orders' 'undertakings']
['civil Procedure'] ['stay of Execution' 'costs Orders' 'undertakings']

Case Brief

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Procedural Posture

Application for Stay of Execution / Post Judgment Motion; Pre Appeal Hearing

Legal Issues

  1. 1 ['Whether execution of a costs order should be stayed pending appeal' 'Whether a bank guarantee is an appropriate form of security for costs ordered']

Ratio Decidendi

A stay of execution of the costs order will be granted upon the appellant undertaking to provide a bank guarantee to secure the relevant amount pending the outcome of the appeal, ensuring protection for both parties' cost entitlements.

Court Disposition

Stay of execution of costs order granted subject to undertaking; appellant to pay costs of this motion.

Orders

  • ["Stay of execution of paragraphs seven and eight of the costs order made on 9 May 1997, insofar as those paragraphs relate to costs to be paid by the appellant, pending further order and upon appellant's undertaking to lodge a bank guarantee of $119,215.25 by 9 January 1998." "Appellant to pay respondent's taxed...