De Rucci International Pty Ltd v Zhu [2020] NSWSC 1927

De Rucci International Pty Ltd v Zhu [2020] NSWSC 1927

The defendants were not entitled to a stay because the first defendant did not establish a reasonable prospect or arguable basis for the intended appeal and adduced no evidence that payment of the judgment would make any successful appeal futile, including no evidence about the plaintiff's financial position or inability to repay the judgment sum. The motion was therefore dismissed and costs followed the event.

Jurisdiction
Australia
Judgment Date
30 December 2020
Procedural Posture
Civil Procedure Application for Stay of Enforcement of Judgment Pending Appeal / Notice of Motion Filed After Judgment; Motion Dismissed
Outcome
Motion dismissed; first defendant ordered to pay the plaintiff's costs of the Notice of Motion.
Legal Topics
['stay of Proceedings' 'stay of Enforcement Pending Appeal' 'self Represented Litigants' 'costs']
['civil Procedure'] ['stay of Proceedings' 'stay of Enforcement Pending Appeal' 'self Represented Litigants' 'costs']

Case Brief

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Procedural Posture

Civil Procedure Application for Stay of Enforcement of Judgment Pending Appeal / Notice of Motion Filed After Judgment; Motion Dismissed

Legal Issues

  1. 1 ['Whether there was a proper basis to stay enforcement of the judgment of Rothman J pending an intended appeal.' 'Whether the first defendant showed an arguable basis for appeal and that refusal of a stay would render the appeal nugatory.' 'Whether costs should follow the dismissal of the motion.']

Ratio Decidendi

The defendants were not entitled to a stay because the first defendant did not establish a reasonable prospect or arguable basis for the intended appeal and adduced no evidence that payment of the judgment would make any successful appeal futile, including no evidence about the plaintiff's financial position or inability to repay the judgment sum. The motion was therefore dismissed and costs followed the event.

Court Disposition

Motion dismissed; first defendant ordered to pay the plaintiff's costs of the Notice of Motion.

Orders

  • ['The motion is dismissed.' "The first defendant pay the plaintiff's costs of the Notice of Motion."]