Ramsay v BigTinCan Pty Ltd [2014] NSWCA 452

Ramsay v BigTinCan Pty Ltd [2014] NSWCA 452

A stay should be granted as the causation issue is reasonably arguable, the time until the special leave application is short, appropriate conditions are imposed to protect the respondent’s interests, and the balance of convenience favours preserving the applicants’ financial position, particularly given the security offered.

Parties
First Applicant: David Ramsay; Second Applicant: Roel Pollers; Respondent: BigTinCan Pty Ltd
Jurisdiction
Australia
Judgment Date
17 December 2014
Procedural Posture
Application for Stay Pending Special Leave to Appeal / Court of Appeal Decision on Stay
Outcome
Stay granted on undertakings and conditions
Legal Topics
Stay of Proceedings, Special Leave to Appeal, Equitable Compensation, Breach of Fiduciary Duty, Bankruptcy, Security for Costs
Practice and Procedure Stay of Proceedings Special Leave to Appeal Equitable Compensation Breach of Fiduciary Duty Bankruptcy Security for Costs

Case Brief

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Parties

David Ramsay

First Applicant

Roel Pollers

Second Applicant

BigTinCan Pty Ltd

Respondent

Procedural Posture

Application for Stay Pending Special Leave to Appeal / Court of Appeal Decision on Stay

Legal Issues

  1. 1 Whether a stay should be granted pending application for special leave to appeal to the High Court
  2. 2 Relevant factors and threshold for granting a stay, including prospects of success and potential prejudice to the parties

Ratio Decidendi

A stay should be granted as the causation issue is reasonably arguable, the time until the special leave application is short, appropriate conditions are imposed to protect the respondent’s interests, and the balance of convenience favours preserving the applicants’ financial position, particularly given the security offered.

Court Disposition

Stay granted on undertakings and conditions

Orders

  • Enforcement of the orders made by Ball J on 4 September 2013 and by the Court of Appeal on 16 September 2014 in proceedings 2013/296002 is stayed until the later of the determination of the application for special leave to appeal in High Court matter S268 of 2014, and if special leave is granted, until determination...
  • The first applicant undertakes not to dispose of, alienate, charge, or encumber his assets until determination of the special leave application except to meet ordinary living costs and legal costs incidental to the application.