Doppstadt Australia Pty Ltd v Lovick & Son Developments Pty Ltd [2013] NSWCA 133

Doppstadt Australia Pty Ltd v Lovick & Son Developments Pty Ltd [2013] NSWCA 133

The affidavit evidence demonstrates likely financial capacity of one applicant (Mr Davis), combined with undertakings to preserve and disclose financial information, such that a continuation of the stay is warranted pending appeal.

Jurisdiction
Australia
Judgment Date
21 May 2013
Procedural Posture
Appeal / Application to Re Open and Interim Orders Pending Appeal
Outcome
Orders of 9 May 2013 set aside. Stay continued pending appeal upon undertaking. Applicants directed to provide property valuations, and respondents to pay costs of the stay application.
Legal Topics
['stay of Judgment' 'money Judgment' 'interlocutory Injunctions']
['civil Procedure'] ['stay of Judgment' 'money Judgment' 'interlocutory Injunctions']

Case Brief

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Procedural Posture

Appeal / Application to Re Open and Interim Orders Pending Appeal

Legal Issues

  1. 1 ['Whether a stay of a money judgment pending appeal should be granted after reconsideration of evidence' 'Whether applicants demonstrated sufficient financial capacity to justify a stay']

Ratio Decidendi

The affidavit evidence demonstrates likely financial capacity of one applicant (Mr Davis), combined with undertakings to preserve and disclose financial information, such that a continuation of the stay is warranted pending appeal.

Court Disposition

Orders of 9 May 2013 set aside. Stay continued pending appeal upon undertaking. Applicants directed to provide property valuations, and respondents to pay costs of the stay application.

Orders

  • ['Set aside the orders made on 9 May 2013.' 'Continue the stay orders made on 10 May 2013 until determination of the appeal or earlier order, upon undertaking by Raymond John Davis and Sue Davis.' 'Direct that Raymond John Davis and Sue Davis provide market valuation and debt details for their properties within four...