DeMarco v Macey [2022] NSWSC 327

DeMarco v Macey [2022] NSWSC 327

The Court granted a short stay of the Tribunal and District Court orders pending appeal, as there is an arguable basis with real prospects of success on appeal, and the balance of convenience favours the plaintiff due to risk of irreparable harm to income, livelihood, and reputation if stay is not granted.

Parties
Plaintiff: Godfrey DeMarco; First Defendant: David Macey; Second Defendant: Debbie Macey
Jurisdiction
Australia
Judgment Date
24 March 2022
Procedural Posture
Appeal / Interlocutory Orders Pending Appeal
Outcome
The Court granted a short stay of orders pending appeal and restrained enforcement of judgment.
Legal Topics
Stay of Execution, Restraint of Enforcement, Urgent Interlocutory Relief
Civil Procedure Stay of Execution Restraint of Enforcement Urgent Interlocutory Relief

Case Brief

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Parties

Godfrey DeMarco

Plaintiff

David Macey

First Defendant

Debbie Macey

Second Defendant

Procedural Posture

Appeal / Interlocutory Orders Pending Appeal

Legal Issues

  1. 1 Whether a stay of Tribunal and District Court orders should be granted pending appeal
  2. 2 Whether defendants should be restrained from enforcing judgment
  3. 3 Balance of convenience and risk of irreparable harm to the plaintiff

Ratio Decidendi

The Court granted a short stay of the Tribunal and District Court orders pending appeal, as there is an arguable basis with real prospects of success on appeal, and the balance of convenience favours the plaintiff due to risk of irreparable harm to income, livelihood, and reputation if stay is not granted.

Court Disposition

The Court granted a short stay of orders pending appeal and restrained enforcement of judgment.

Orders

  • Leave granted for notice of motion filed 18 March 2022 to be returnable instanter
  • Time for service of notice of motion abridged to 18 March 2022