HOWELL v FINE REAL ESTATE NETWORK PTY LIMITED [1997] NSWCA 155

HOWELL v FINE REAL ESTATE NETWORK PTY LIMITED [1997] NSWCA 155

No sufficient change of circumstances or compelling reasons have been demonstrated to justify the grant of a stay or order for security; the application is an attempt to avoid the consequences of an agreement reached before the Federal Court and should not be supported by this Court.

Source-derived case information.

Parties
Claimant: Paul Roch Howell; Respondent: Fine Real Estate Network Pty Limited; Non Party: Westpac Banking Corporation
Jurisdiction
Australia
Judgment Date
10 March 1997
Procedural Posture
Application for Stay Pending Appeal / Single Judge Decision on Stay Application
Outcome
application dismissed with costs
Legal Topics
Stay of Proceedings, Security for Judgment, Appeal Process, Enforcement of Judgments
Civil Procedure Bankruptcy Equity Stay of Proceedings Security for Judgment Appeal Process Enforcement of Judgments

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Parties

Paul Roch Howell

Claimant

Fine Real Estate Network Pty Limited

Respondent

Westpac Banking Corporation

Non Party

Procedural Posture

Application for Stay Pending Appeal / Single Judge Decision on Stay Application

Legal Issues

  1. 1 Whether a stay of the Chief Judge's judgment should be granted pending appeal
  2. 2 Whether respondents should be ordered to provide security for repayment in the event of appellant's success

Ratio Decidendi

No sufficient change of circumstances or compelling reasons have been demonstrated to justify the grant of a stay or order for security; the application is an attempt to avoid the consequences of an agreement reached before the Federal Court and should not be supported by this Court.

Court Disposition

application dismissed with costs

Orders

  • Application to stay the judgment is dismissed with costs.
  • Application for respondents to provide security is dismissed.