McGettigan v Coulter [2022] NSWCA 27

McGettigan v Coulter [2022] NSWCA 27

The applicant had not demonstrated reasonable prospects of success on appeal nor established that he would be prejudiced if the stay was not granted, particularly in light of undertakings by the respondents to retain funds pending appeal; accordingly, the application for a stay was dismissed.

Jurisdiction
Australia
Judgment Date
28 February 2022
Procedural Posture
Appeal / Stay Application Pending Appeal
Outcome
Stay application dismissed; undertakings accepted; costs ordered against applicant
Legal Topics
['stay of Orders' 'probate' 'appeal Procedure']
['succession Law'] ['stay of Orders' 'probate' 'appeal Procedure']

Case Brief

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Procedural Posture

Appeal / Stay Application Pending Appeal

Legal Issues

  1. 1 ['Whether a stay should be granted pending appeal of probate orders' 'Whether the applicant would be prejudiced absent a stay' 'Whether fresh evidence should be received on appeal regarding alleged forgery']

Ratio Decidendi

The applicant had not demonstrated reasonable prospects of success on appeal nor established that he would be prejudiced if the stay was not granted, particularly in light of undertakings by the respondents to retain funds pending appeal; accordingly, the application for a stay was dismissed.

Court Disposition

Stay application dismissed; undertakings accepted; costs ordered against applicant

Orders

  • ['Accept the undertakings by the respondents to retain and not disburse the funds until disposition of the appeal.' "Dismiss the applicant's motion for a stay of orders made in the Equity Division." "Order the applicant to pay the respondents' costs of the notice of motion."]