Dyer v Chrysanthou (No 4) [2022] FCA 51

Dyer v Chrysanthou (No 4) [2022] FCA 51

A limited stay of the lump sum costs order is appropriate pending determination of the appeals, on condition the costs sum is paid into trust with agreed release terms, as there is only some risk of inability to repay and urgency required compromise; no stay to operate until any hypothetical review application regarding costs is determined.

Jurisdiction
Australia
Judgment Date
02 February 2022
Procedural Posture
Interlocutory Application / Costs and Stay Application Following Injunction Proceedings
Outcome
Stay application partially allowed
Legal Topics
['stay of Costs Order' 'interlocutory Applications' 'assessment and Payment of Costs' 'appeals and Review']
['civil Procedure' 'costs'] ['stay of Costs Order' 'interlocutory Applications' 'assessment and Payment of Costs' 'appeals and Review']

Case Brief

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Procedural Posture

Interlocutory Application / Costs and Stay Application Following Injunction Proceedings

Legal Issues

  1. 1 ['Whether to grant a stay of execution of lump sum costs order pending appeal' 'Risk of inability to recover costs paid if appeal successful' 'Appropriate conditions for granting a stay']

Ratio Decidendi

A limited stay of the lump sum costs order is appropriate pending determination of the appeals, on condition the costs sum is paid into trust with agreed release terms, as there is only some risk of inability to repay and urgency required compromise; no stay to operate until any hypothetical review application regarding costs is determined.

Court Disposition

Stay application partially allowed

Orders

  • ['Orders requiring respondents to pay costs assessed at $430,200 temporarily stayed pending outcome of appeal and cross-appeal, subject to $430,200 being paid into Kennedys trust account and released per outcome.' "Respondents to pay applicant's costs of interlocutory stay applications."]