Hewitt v McKensey [2008] NSWCA 45

Hewitt v McKensey [2008] NSWCA 45

A stay should be granted on the orders exceeding $100,000 so as not to stifle the appeal, with interest accruing on costs awarded in favour of the respondents at Supreme Court rates during the stay.

Jurisdiction
Australia
Judgment Date
17 March 2008
Procedural Posture
Appeal / Stay Application Pending Appeal
Outcome
Stay granted in part, with conditions
Legal Topics
['stay Pending Appeal']
['procedure'] ['stay Pending Appeal']

Case Brief

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Procedural Posture

Appeal / Stay Application Pending Appeal

Legal Issues

  1. 1 ['Whether a stay of judgment should be granted pending appeal' 'Whether failure to grant a stay would stifle the appeal']

Ratio Decidendi

A stay should be granted on the orders exceeding $100,000 so as not to stifle the appeal, with interest accruing on costs awarded in favour of the respondents at Supreme Court rates during the stay.

Court Disposition

Stay granted in part, with conditions

Orders

  • ['Stay the orders of Justice Windeyer made on 29 August 2007 in Supreme Court proceedings 1585 of 1995 to the extent they exceed $100,000 until the appeal has been determined' 'Respondents may enforce the judgment up to $100,000' 'Interest to accrue on such costs as respondents may be entitled to in relation to...