Harbour City Real Estate Pty Ltd t/as Re/Max Harbour City Real Estate (ACN 111 210 023) v Cargill [2008] FCA 1382

Harbour City Real Estate Pty Ltd t/as Re/Max Harbour City Real Estate (ACN 111 210 023) v Cargill [2008] FCA 1382

Given uncertainty over respondent’s ability to promptly repay the judgment sum and her willingness to accept payment into an interest-bearing account pending appeal, a limited stay is appropriate. The appellants must pay the judgment sum of $40,014.54 into an interest-bearing trust account in the joint names of solicitors or the Federal Court of Australia Litigants’ Fund until determination of the appeal.

Jurisdiction
Australia
Judgment Date
09 September 2008
Procedural Posture
Appeal / Application for Stay Pending Appeal
Outcome
Limited stay granted, subject to conditions
Legal Topics
['stay Pending Appeal' 'discretion to Grant Stay' 'competing Rights of Parties']
['practice and Procedure'] ['stay Pending Appeal' 'discretion to Grant Stay' 'competing Rights of Parties']

Case Brief

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Procedural Posture

Appeal / Application for Stay Pending Appeal

Legal Issues

  1. 1 ['Whether a stay of execution of judgment pending appeal should be granted' 'If granted, under what terms the stay should be ordered']

Ratio Decidendi

Given uncertainty over respondent’s ability to promptly repay the judgment sum and her willingness to accept payment into an interest-bearing account pending appeal, a limited stay is appropriate. The appellants must pay the judgment sum of $40,014.54 into an interest-bearing trust account in the joint names of solicitors or the Federal Court of Australia Litigants’ Fund until determination of the appeal.

Court Disposition

Limited stay granted, subject to conditions

Orders

  • ["The appellants to pay within 21 days from the date of order the judgment sum of $40,014.54 into either an interest bearing trust account in the joint names of the parties' solicitors or the Federal Court of Australia Litigants' Fund until determination of the appeal." 'Parties to provide within 14 days a minute...