Decon Australia Pty Limited v TFM Epping Land Pty Limited (No 2) [2020] NSWSC 312

Decon Australia Pty Limited v TFM Epping Land Pty Limited (No 2) [2020] NSWSC 312

The undertakings offered by defendants provided adequate protection to the plaintiff’s interests, and the evidence showed little utility in maintaining the writs given the asset preservation regime and the mortgage situation, supporting the fairness and balance of convenience in granting a stay and cancelling the writs.

Jurisdiction
Australia
Judgment Date
27 March 2020
Procedural Posture
Stay Application / Post Judgment, Pending Appeal
Outcome
Stay granted; writ recordings cancelled; asset preservation undertakings accepted.
Legal Topics
['stay of Judgment' 'cancellation of Writs' 'asset Preservation' 'undertaking' 'appeal Procedure']
['civil Procedure' 'equity'] ['stay of Judgment' 'cancellation of Writs' 'asset Preservation' 'undertaking' 'appeal Procedure']

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Procedural Posture

Stay Application / Post Judgment, Pending Appeal

Legal Issues

  1. 1 ['Should the judgment be stayed pending appeal?' 'Should the writs recorded over property be cancelled during the stay?' "Do the proffered undertakings by defendants adequately protect plaintiff's interests?"]

Ratio Decidendi

The undertakings offered by defendants provided adequate protection to the plaintiff’s interests, and the evidence showed little utility in maintaining the writs given the asset preservation regime and the mortgage situation, supporting the fairness and balance of convenience in granting a stay and cancelling the writs.

Court Disposition

Stay granted; writ recordings cancelled; asset preservation undertakings accepted.

Orders

  • ['Orders and judgment dated 11 October 2019 stayed until determination of the application for leave to appeal and any appeal or further order.' 'Registrar-General of NSW to cancel all recordings of writ number 2019/205661 issued in these proceedings, including dealings AP881819, AP881886, AP881906, AP881823, and...