THANH v HUYNH [1997] NSWCA 309

THANH v HUYNH [1997] NSWCA 309

Appellants lack considerable prospects of success on appeal and provide insufficient evidence concerning both their financial position and the risk of dissipation of funds, so stay should not be granted.

Parties
Applicant: Dr Le Tan Thanh; Applicant: Mrs Thanh; Respondent: Mr Huynh
Jurisdiction
Australia
Judgment Date
19 May 1997
Procedural Posture
Application for Stay of Judgment / Court of Appeal Decision on Stay Pending Appeal
Outcome
notice of motion dismissed with costs
Legal Topics
Stay of Judgment, Appeal, Credibility Assessment
Civil Procedure Stay of Judgment Appeal Credibility Assessment

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Dr Le Tan Thanh

Applicant

Mrs Thanh

Applicant

Mr Huynh

Respondent

Procedural Posture

Application for Stay of Judgment / Court of Appeal Decision on Stay Pending Appeal

Legal Issues

  1. 1 Should a stay of the judgment be granted pending appeal?
  2. 2 Do the appellants have sufficient prospects of success in their appeal?
  3. 3 Is there sufficient evidence that the respondent will dissipate the funds if paid judgment moneys?

Ratio Decidendi

Appellants lack considerable prospects of success on appeal and provide insufficient evidence concerning both their financial position and the risk of dissipation of funds, so stay should not be granted.

Court Disposition

notice of motion dismissed with costs

Orders

  • Notice of motion dismissed with costs