Park & Anor v Brothers [2003] NSWSC 1054

Park & Anor v Brothers [2003] NSWSC 1054

No stay was granted because the defendant failed to provide sufficient evidence that the plaintiffs would be unable to repay if the judgment were overturned; absent grounds of appeal and evidentiary basis, the prima facie entitlement to the fruits of the judgment was not displaced.

Parties
First Plaintiff: Lindsay Gordon Park; Second Plaintiff: Jill Park; Defendant: Clive Roy Brothers
Jurisdiction
Australia
Judgment Date
11 November 2003
Procedural Posture
Application for Stay Pending Appeal / Post Judgment, Stay Application
Outcome
Stay refused
Legal Topics
Stay Pending Appeal, Procedure
Equity Stay Pending Appeal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Lindsay Gordon Park

First Plaintiff

Jill Park

Second Plaintiff

Clive Roy Brothers

Defendant

Procedural Posture

Application for Stay Pending Appeal / Post Judgment, Stay Application

Legal Issues

  1. 1 Whether a stay of execution pending appeal should be granted

Ratio Decidendi

No stay was granted because the defendant failed to provide sufficient evidence that the plaintiffs would be unable to repay if the judgment were overturned; absent grounds of appeal and evidentiary basis, the prima facie entitlement to the fruits of the judgment was not displaced.

Court Disposition

Stay refused

Orders

  • Defendant to pay the costs of the application for stay