Fu v Bondi Junction Prime Pty Ltd [2024] FCA 1222

Fu v Bondi Junction Prime Pty Ltd [2024] FCA 1222

A stay was granted because the appeal raised a reasonably arguable point and the balance of convenience, including the risk that the first respondent may dissipate the funds and the applicant's willingness to pay the sum into a neutral account, warranted the stay on condition the applicant pay $56,000 into a specified account.

Parties
Appellant: Chau Bin Fu; First Respondent: Bondi Junction Prime Pty Ltd; Second Respondent: Park Coast Realty Pty Ltd
Jurisdiction
Australia
Judgment Date
22 October 2024
Procedural Posture
Application for Stay Pending Appeal / Interlocutory Application for Stay of Lower Court Orders Pending Appeal
Outcome
Stay granted, subject to payment condition, until determination of the appeal or further order
Legal Topics
Stay of Proceedings, Misleading or Deceptive Conduct, Security for Money Judgment, Contract for Sale of Land
Practice and Procedure Commercial Law Contract Law Consumer Law Stay of Proceedings Misleading or Deceptive Conduct Security for Money Judgment Contract for Sale of Land

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Parties

Chau Bin Fu

Appellant

Bondi Junction Prime Pty Ltd

First Respondent

Park Coast Realty Pty Ltd

Second Respondent

Procedural Posture

Application for Stay Pending Appeal / Interlocutory Application for Stay of Lower Court Orders Pending Appeal

Legal Issues

  1. 1 Whether a stay of enforcement of the orders made by the Federal Circuit and Family Court of Australia (Division 2) should be granted pending appeal
  2. 2 Whether the appeal raises a reasonably arguable point
  3. 3 Where the balance of convenience lies in the grant of a stay

Ratio Decidendi

A stay was granted because the appeal raised a reasonably arguable point and the balance of convenience, including the risk that the first respondent may dissipate the funds and the applicant's willingness to pay the sum into a neutral account, warranted the stay on condition the applicant pay $56,000 into a specified account.

Court Disposition

Stay granted, subject to payment condition, until determination of the appeal or further order

Orders

  • On condition that by 30 October 2024 the appellant pays $56,000 into a specified account, the operation and enforcement of specified orders made on 2 October 2024 are stayed until the determination of the appeal or further order.
  • Costs reserved.