Stern v National Australia Bank Ltd [1999] FCA 1656

Stern v National Australia Bank Ltd [1999] FCA 1656

Indemnity costs refused as applicants' conduct did not display special or unusual features such as fraud or hopelessness required for departure from party-party basis; stay pending appeal refused as the balance of hardship and circumstances of asset divestment favoured the Bank, and applicants' appeal was not strong enough to warrant stay.

Parties
First Applicant: Ilana Elenka Stern; Second Applicant: Joseph Pollak; Respondent/applicant: National Australia Bank Ltd
Jurisdiction
Australia
Judgment Date
26 November 1999
Procedural Posture
Applications for Indemnity Costs and Stay of Proceedings / Post Judgment Applications
Outcome
Indemnity costs application by Bank dismissed; applicants' stay application refused.
Legal Topics
Indemnity Costs, Party Party Costs, Stay Pending Appeal, Mareva Injunction, Appeal Procedure
Practice and Procedure Costs Indemnity Costs Party Party Costs Stay Pending Appeal Mareva Injunction Appeal Procedure

Case Brief

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Parties

Ilana Elenka Stern

First Applicant

Joseph Pollak

Second Applicant

National Australia Bank Ltd

Respondent/applicant

Procedural Posture

Applications for Indemnity Costs and Stay of Proceedings / Post Judgment Applications

Legal Issues

  1. 1 Whether indemnity costs should be awarded to the Bank
  2. 2 Whether there should be a stay of proceedings pending appeal

Ratio Decidendi

Indemnity costs refused as applicants' conduct did not display special or unusual features such as fraud or hopelessness required for departure from party-party basis; stay pending appeal refused as the balance of hardship and circumstances of asset divestment favoured the Bank, and applicants' appeal was not strong enough to warrant stay.

Court Disposition

Indemnity costs application by Bank dismissed; applicants' stay application refused.

Orders

  • The National Australia Bank Ltd is to pay the costs of Ilana Elenka Stern and Joseph Pollak on its application for indemnity costs which has been dismissed.
  • Ilana Elenka Stern and Joseph Pollak are to pay the costs of National Australia Bank Ltd on their application for a stay of proceedings in NG 936 of 1996 which has been dismissed.