Bingham v Bevan [2023] NSWCA 186

Bingham v Bevan [2023] NSWCA 186

Exceptional circumstances justifying a stay of order 3 were not established; there were not substantial prospects of special leave being granted; no real risk of losing subject matter of the appeal; balance of convenience did not favour a stay; therefore, notice of motion for stay dismissed with costs.

Jurisdiction
Australia
Judgment Date
03 August 2023
Procedural Posture
Notice of Motion for Stay Pending Special Leave Application / Ruling on Notice of Motion
Outcome
Notice of motion dismissed with costs.
Legal Topics
['stay of Orders' 'special Leave Application' 'costs' 'enforcement of Judgment']
['civil Procedure'] ['stay of Orders' 'special Leave Application' 'costs' 'enforcement of Judgment']

Case Brief

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Procedural Posture

Notice of Motion for Stay Pending Special Leave Application / Ruling on Notice of Motion

Legal Issues

  1. 1 ['Whether stay should be granted pending special leave application to High Court' 'Whether exceptional circumstances exist to warrant a stay' 'Whether balance of convenience favours granting stay' 'Whether risk exists of losing subject matter of appeal if stay not granted']

Ratio Decidendi

Exceptional circumstances justifying a stay of order 3 were not established; there were not substantial prospects of special leave being granted; no real risk of losing subject matter of the appeal; balance of convenience did not favour a stay; therefore, notice of motion for stay dismissed with costs.

Court Disposition

Notice of motion dismissed with costs.

Orders

  • ['On undertaking that respondent to notice of motion will not enforce orders 2(b) and 4 of 5 May 2023 pending final determination in High Court, notice of motion filed on 2 June 2023 dismissed.' "Applicant on notice of motion to pay respondent's costs of the notice of motion."]