Liddy v Bazley [2012] NSWCA 426

Liddy v Bazley [2012] NSWCA 426

A stay of the judgment pending appeal is warranted as there are reasonably arguable grounds of appeal and sufficient risk of difficulty in recovering the judgment debt from the respondent, who, while not strictly impecunious, owns a jointly-held unencumbered property. The stay is ordered on conditions that carve out payment for legal costs and subject to undertakings by the respondent's legal representatives to repay any such sums if the appeal is successful.

Jurisdiction
Australia
Judgment Date
10 December 2012
Procedural Posture
Interlocutory Application / Application for Stay Pending Appeal
Outcome
Application for stay granted subject to specified conditions
Legal Topics
['stay of Judgment' 'pending Appeal' 'insured Appellants' 'judgment Recovery' 'professional Negligence']
['practice and Procedure'] ['stay of Judgment' 'pending Appeal' 'insured Appellants' 'judgment Recovery' 'professional Negligence']

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Procedural Posture

Interlocutory Application / Application for Stay Pending Appeal

Legal Issues

  1. 1 ['Whether a stay of judgment pending appeal should be granted' 'Whether there is sufficient risk of difficulty in recovering the judgment debt if the appeal succeeds' "Whether the respondent's lack of impecuniosity affects the grant of stay"]

Ratio Decidendi

A stay of the judgment pending appeal is warranted as there are reasonably arguable grounds of appeal and sufficient risk of difficulty in recovering the judgment debt from the respondent, who, while not strictly impecunious, owns a jointly-held unencumbered property. The stay is ordered on conditions that carve out payment for legal costs and subject to undertakings by the respondent's legal representatives to repay any such sums if the appeal is successful.

Court Disposition

Application for stay granted subject to specified conditions

Orders

  • ["Court notes undertaking of respondent not to enforce District Court costs order pending appeal; and undertaking of respondent's legal practitioners to repay sums paid for legal costs if appellants succeed on appeal." "Judgment entered on 9 November 2012 stayed pending determination of appeal, except for amounts...