Rapson v Wright [1999] NSWSC 566

Rapson v Wright [1999] NSWSC 566

The stay of proceedings is refused due to the lack of promptness in seeking relief by the applicants, the limited meritorious nature of the defence, and the circumstances that the destruction of the subject matter does not outweigh the reasons for refusing a stay.

Jurisdiction
Australia
Judgment Date
07 June 1999
Procedural Posture
Appeal / Application for Stay Pending Appeal
Outcome
stay refused
Legal Topics
['stay of Proceedings' 'appeal' 'abuse of Process' 'malicious Prosecution']
['civil Procedure'] ['stay of Proceedings' 'appeal' 'abuse of Process' 'malicious Prosecution']

Case Brief

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Procedural Posture

Appeal / Application for Stay Pending Appeal

Legal Issues

  1. 1 ['Whether a stay of proceedings should be granted pending application for leave to appeal.' 'Whether lifting the permanent stay destroys the subject matter of the appeal.' 'Whether permanent stay constitutes termination for the purposes of malicious prosecution.']

Ratio Decidendi

The stay of proceedings is refused due to the lack of promptness in seeking relief by the applicants, the limited meritorious nature of the defence, and the circumstances that the destruction of the subject matter does not outweigh the reasons for refusing a stay.

Court Disposition

stay refused

Orders

  • ['Leave granted to file the notice of motion.' 'Notice of motion dismissed.' "First and second defendants to pay plaintiffs' costs of the motion."]