Amalgamated Television Services v Marsden [1999] NSWCA 319

Amalgamated Television Services v Marsden [1999] NSWCA 319

Leave to appeal granted subject to conditions, including a conditional stay and requirement for solicitor’s undertaking to repay provisionally paid costs if orders are set aside, considering the interests of fairness, the intensity and length of proceedings, the possibility of restitution, and ongoing litigation risks.

Jurisdiction
Australia
Judgment Date
31 August 1999
Procedural Posture
Leave to Appeal / Post Motion, Leave Application, Interlocutory Orders
Outcome
Leave to appeal granted subject to conditions.
Legal Topics
['leave to Appeal' 'costs' 'stay of Execution' 'undertakings for Restitution']
['civil Procedure'] ['leave to Appeal' 'costs' 'stay of Execution' 'undertakings for Restitution']

Case Brief

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Procedural Posture

Leave to Appeal / Post Motion, Leave Application, Interlocutory Orders

Legal Issues

  1. 1 ['Whether leave to appeal should be granted subject to conditions' 'Whether a stay of execution of costs orders should be imposed pending appeal' "Whether a solicitor's undertaking to repay monies is required if appeal succeeds"]

Ratio Decidendi

Leave to appeal granted subject to conditions, including a conditional stay and requirement for solicitor’s undertaking to repay provisionally paid costs if orders are set aside, considering the interests of fairness, the intensity and length of proceedings, the possibility of restitution, and ongoing litigation risks.

Court Disposition

Leave to appeal granted subject to conditions.

Orders

  • ['Grant leave to appeal, subject to orders 2 and 3.' 'Stay execution of orders 1-3 made by Levine J on 28 June 1999 until further order or disposal of appeal.' "Order claimant to pay $240,000 on account of opponent's entitlement to costs under said orders, payment amenable to restitution if orders set aside, within...