George v Fletcher (Trustee) (No 2) [2011] FCA 1033

George v Fletcher (Trustee) (No 2) [2011] FCA 1033

The applicant failed to demonstrate a compelling reason to exercise the court's discretion to grant a stay of the judgment; therefore, the application for stay was refused.

Jurisdiction
Australia
Judgment Date
19 August 2011
Procedural Posture
Appeal / Interlocutory Application for Stay Pending Appeal
Outcome
Application for stay refused; paragraph referring to Justice Reeves struck out; costs of the respondents to be their costs in the appeal; interlocutory application adjourned; liberty to apply; costs reserved.
Legal Topics
['stay of Judgment' 'bankruptcy' 'appeal Proceedings']
['practice and Procedure'] ['stay of Judgment' 'bankruptcy' 'appeal Proceedings']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal / Interlocutory Application for Stay Pending Appeal

Legal Issues

  1. 1 ['Whether a stay of judgment under appeal should be granted' 'Whether there was procedural fairness denied in the course of the trial']

Ratio Decidendi

The applicant failed to demonstrate a compelling reason to exercise the court's discretion to grant a stay of the judgment; therefore, the application for stay was refused.

Court Disposition

Application for stay refused; paragraph referring to Justice Reeves struck out; costs of the respondents to be their costs in the appeal; interlocutory application adjourned; liberty to apply; costs reserved.

Orders

  • ['The third paragraph of the notice of motion filed on 29 July 2011 is struck out.' 'Save to the extent of the stay granted by the orders of 10 August 2011 the application made by notice of motion filed on 29 July 2011 is dismissed.' "The costs of each of the respondents in respect of that application be those...