De Rucci International Pty Ltd v Zhu and others [2021] NSWSC 1108

De Rucci International Pty Ltd v Zhu and others [2021] NSWSC 1108

Insufficient and unpersuasive evidence was provided by the defendants to warrant a stay of enforcement pending appeal. Ordinary entitlement to enforce judgments prevails absent compelling justification.

Jurisdiction
Australia
Judgment Date
15 June 2021
Procedural Posture
Civil Motion / Motion for Stay of Enforcement Pending Appeal
Outcome
Motion dismissed
Legal Topics
['stay of Enforcement' 'interlocutory Relief' 'appeal']
['civil Procedure'] ['stay of Enforcement' 'interlocutory Relief' 'appeal']

Case Brief

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Procedural Posture

Civil Motion / Motion for Stay of Enforcement Pending Appeal

Legal Issues

  1. 1 ['Whether a stay of enforcement pending appeal should be granted' 'Whether new or sufficient evidence warrants reconsideration of earlier interlocutory decision' 'Whether balance of convenience favours granting a stay']

Ratio Decidendi

Insufficient and unpersuasive evidence was provided by the defendants to warrant a stay of enforcement pending appeal. Ordinary entitlement to enforce judgments prevails absent compelling justification.

Court Disposition

Motion dismissed

Orders

  • ['Motion dismissed']