Brian Stanley Fisher v Channel Seven Sydney Pty Ltd (No 6) [2015] NSWSC 887

Brian Stanley Fisher v Channel Seven Sydney Pty Ltd (No 6) [2015] NSWSC 887

A stay of execution was warranted because the plaintiff was an undischarged bankrupt and there was a serious possibility that amounts paid could not be recovered if the appeal succeeded. However, because the jury verdict was not challenged and any appeal outcome must include some damages, the stay should be conditional on the defendants paying $25,000 to the plaintiff as partial payment.

Jurisdiction
Australia
Judgment Date
01 July 2015
Procedural Posture
Defamation Proceeding; Motion to Stay Execution of Judgment / After Judgment, Pending Appeal Against Quantum of Damages
Outcome
Stay granted on condition that the defendants pay the plaintiff $25,000 within 21 days; costs reserved.
Legal Topics
['stay of Execution Pending Appeal' 'quantum of Damages' 'conditional Stay' 'costs Reserved']
['defamation' 'civil Procedure' 'costs'] ['stay of Execution Pending Appeal' 'quantum of Damages' 'conditional Stay' 'costs Reserved']

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Procedural Posture

Defamation Proceeding; Motion to Stay Execution of Judgment / After Judgment, Pending Appeal Against Quantum of Damages

Legal Issues

  1. 1 ['Whether execution of the damages and costs orders should be stayed pending determination of the appeal against quantum of damages.' 'What condition, if any, should be imposed on a stay of execution.']

Ratio Decidendi

A stay of execution was warranted because the plaintiff was an undischarged bankrupt and there was a serious possibility that amounts paid could not be recovered if the appeal succeeded. However, because the jury verdict was not challenged and any appeal outcome must include some damages, the stay should be conditional on the defendants paying $25,000 to the plaintiff as partial payment.

Court Disposition

Stay granted on condition that the defendants pay the plaintiff $25,000 within 21 days; costs reserved.

Orders

  • ['The execution of Order 2 made in this proceeding on 17 November 2014 and Order 2 made in this proceeding on 31 December 2014 be stayed until seven days after the determination of proceeding CA 2015/26431, on the condition that the defendants pay the plaintiff $25,000 as partial payment of his entitlement to...