Mills v Futhem Pty Ltd [2011] NSWCA 166

Mills v Futhem Pty Ltd [2011] NSWCA 166

A stay was granted pending the determination of the application for leave to appeal, as there was a genuine question about the precise terms of any judgment entered and the risk of hardship to the Applicant if bankruptcy proceedings progressed.

Jurisdiction
Australia
Judgment Date
20 June 2011
Procedural Posture
Interlocutory Application / Application for Stay of Judgment Pending Determination of Leave to Appeal
Outcome
Stay granted pending determination of application for leave to appeal
Legal Topics
['judgments and Orders' 'stay of Proceedings' 'construction of Order' 'effect of Contravention of Uniform Civil Procedure Rules' 'consent Orders Restricting Disclosure']
['practice and Procedure'] ['judgments and Orders' 'stay of Proceedings' 'construction of Order' 'effect of Contravention of Uniform Civil Procedure Rules' 'consent Orders Restricting Disclosure']

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Procedural Posture

Interlocutory Application / Application for Stay of Judgment Pending Determination of Leave to Appeal

Legal Issues

  1. 1 ['Whether the judgment/order issued by the District Court contravenes UCPR 36.1A(2) by restricting disclosure of terms' 'Whether irregularity in court procedure invalidates the judgment under Civil Procedure Act 2005 s 63' 'Whether stay should be granted pending determination of leave to appeal']

Ratio Decidendi

A stay was granted pending the determination of the application for leave to appeal, as there was a genuine question about the precise terms of any judgment entered and the risk of hardship to the Applicant if bankruptcy proceedings progressed.

Court Disposition

Stay granted pending determination of application for leave to appeal

Orders

  • ['Any judgment in the District Court in matter number 39/07 in the General List Penrith Registry stayed pending the determination of the present application for leave to appeal, or further order.' 'Applicant to file and serve a draft White Book by 4pm Friday, 8 July 2011.' "Costs of today's application to be costs...