Equititrust Limited v Manttan [2010] NSWCA 95

Equititrust Limited v Manttan [2010] NSWCA 95

A case was not made out for a stay as the primary judge did not err in exercising discretion to rely on information put from the bar table, there are significant obstacles to the appeal succeeding, and the balance of convenience does not favour the applicant.

Jurisdiction
Australia
Judgment Date
03 May 2010
Procedural Posture
Application for Stay / Application for Stay Pending Hearing of Application for Leave to Appeal
Outcome
Application for a stay dismissed with costs.
Legal Topics
['stay of Order' 'caveats' 'discretion of Primary Judge']
['procedure'] ['stay of Order' 'caveats' 'discretion of Primary Judge']

Case Brief

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Procedural Posture

Application for Stay / Application for Stay Pending Hearing of Application for Leave to Appeal

Legal Issues

  1. 1 ['Whether the applicant has made out a case for a stay of the order for removal of caveats pending appeal' 'Whether the primary judge relied on evidence not properly before the court' 'Whether a stay should be granted where the balance of convenience does not favour the applicant']

Ratio Decidendi

A case was not made out for a stay as the primary judge did not err in exercising discretion to rely on information put from the bar table, there are significant obstacles to the appeal succeeding, and the balance of convenience does not favour the applicant.

Court Disposition

Application for a stay dismissed with costs.

Orders

  • ['Application for stay dismissed' 'Applicant to pay costs']