MITTAGONG MUSHROOM PTY LIMITED v NARRAMBULLA ACTION GROUP INC [1997] NSWCA 209

MITTAGONG MUSHROOM PTY LIMITED v NARRAMBULLA ACTION GROUP INC [1997] NSWCA 209

A stay should be granted where there is significant risk that costs paid under an order would not be recoverable should the appeal succeed, considering the financial circumstances and legal structure of the respondent.

Parties
Mittagong Mushroom Pty Limited; Narrambulla Action Group Inc; Advocate: Mr Lancaster
Jurisdiction
Australia
Judgment Date
24 March 1997
Procedural Posture
Application for Stay Pending Appeal
Outcome
Order 3 of the orders made on 8 November 1996 stayed as concerns the claimants to the present motion; costs of this motion to be costs in the appeal.

Case Brief

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Parties

Mittagong Mushroom Pty Limited

Narrambulla Action Group Inc

Mr Lancaster

Advocate

Procedural Posture

Application for Stay Pending Appeal

Legal Issues

  1. 1 Whether there is a significant risk that costs paid under an order, if the appeal succeeds, would be irrecoverable

Ratio Decidendi

A stay should be granted where there is significant risk that costs paid under an order would not be recoverable should the appeal succeed, considering the financial circumstances and legal structure of the respondent.

Court Disposition

Order 3 of the orders made on 8 November 1996 stayed as concerns the claimants to the present motion; costs of this motion to be costs in the appeal.

Orders

  • Order 3 of the orders made on 8 November 1996 is stayed as regards the claimants to this motion.
  • Costs of this motion to be the costs in the appeal.