Coplin v Al Maha Pty Limited (No. 2) [2017] NSWSC 101

Coplin v Al Maha Pty Limited (No. 2) [2017] NSWSC 101

A stay of the judgment is appropriate pending determination of the appeal, provided undertakings as to damages and expedition are given and agreement as to security for costs is reached; balance of convenience favours a stay to protect the first defendant's appellate rights.

Parties
Plaintiff: Gary Coplin; First Defendant: Al Maha Pty Limited ACN 118 230 087; Second Defendant: Property Fox Pty Limited ACN 149 088 559
Jurisdiction
Australia
Judgment Date
17 February 2017
Procedural Posture
Equity / Stay Pending Appeal, Consequential Orders
Outcome
Stay granted on terms pending appeal
Legal Topics
Appeal, Stay of Judgment, Security for Costs
Equity Civil Procedure Appeal Stay of Judgment Security for Costs

Case Brief

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Parties

Gary Coplin

Plaintiff

Al Maha Pty Limited ACN 118 230 087

First Defendant

Property Fox Pty Limited ACN 149 088 559

Second Defendant

Procedural Posture

Equity / Stay Pending Appeal, Consequential Orders

Legal Issues

  1. 1 Whether a stay of judgment pending appeal should be granted
  2. 2 Whether undertakings and security for costs suffice for stay
  3. 3 Effect of typographical error in reasons for judgment

Ratio Decidendi

A stay of the judgment is appropriate pending determination of the appeal, provided undertakings as to damages and expedition are given and agreement as to security for costs is reached; balance of convenience favours a stay to protect the first defendant's appellate rights.

Court Disposition

Stay granted on terms pending appeal

Orders

  • Noted first defendant's undertakings as to damages and expedition in prosecution of appeal.
  • Noted agreement for moneys in Court or refundable under earlier orders as security for plaintiff's costs of appeal.