Bydand Holdings Pty Limited v Pineland Property Holdings Pty Limited [2009] NSWSC 1327

Bydand Holdings Pty Limited v Pineland Property Holdings Pty Limited [2009] NSWSC 1327

A stay of judgment against Mr Pang pending appeal is appropriate, given his lack of immediate means to pay, the undertakings offered, the possible realisation of trust assets, and the condition of periodic payments to the plaintiff to mitigate potential prejudice.

Jurisdiction
Australia
Judgment Date
27 November 2009
Procedural Posture
Stay Application / Interlocutory (application for Stay Pending Appeal)
Outcome
Stay of judgment granted against Mr Pang up to and including 26 March 2010 on specified conditions.
Legal Topics
['stay of Judgment' 'appeals' 'undertakings' 'trust Assets' 'payment Conditions']
['civil Procedure'] ['stay of Judgment' 'appeals' 'undertakings' 'trust Assets' 'payment Conditions']

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Procedural Posture

Stay Application / Interlocutory (application for Stay Pending Appeal)

Legal Issues

  1. 1 ['Whether to grant a stay of judgment against Mr Pang pending appeal' 'Appropriate conditions for stay including undertakings and periodic payments']

Ratio Decidendi

A stay of judgment against Mr Pang pending appeal is appropriate, given his lack of immediate means to pay, the undertakings offered, the possible realisation of trust assets, and the condition of periodic payments to the plaintiff to mitigate potential prejudice.

Court Disposition

Stay of judgment granted against Mr Pang up to and including 26 March 2010 on specified conditions.

Orders

  • ['Judgment of 10 November 2009 against Mr Pang be stayed up to and including 26 March 2010 on conditions.' 'Mr Pang to pay plaintiff forthwith the sum of $21,651.' 'Mr Pang to pay plaintiff $30,903 on or before 1 December 2009.' 'Mr Pang to pay plaintiff $31,961 on or before the first day of each month from 1...