Stuart Frumar and others v Leo Faibicher (No 2) [2007] NSWIRComm 161

Stuart Frumar and others v Leo Faibicher (No 2) [2007] NSWIRComm 161

A stay may be granted if there is a risk that the appeal will be rendered nugatory, but the applicant must adduce evidence to support such a claim. Despite the lack of evidence, the Court granted a partial stay subject to payment of $20,000, recognising the self-represented status of the appellant and the substantial amount at issue.

Jurisdiction
Australia
Judgment Date
27 June 2007
Procedural Posture
Interlocutory Application (appeal/stay) / Application for Stay of Judgment Pending Appeal
Outcome
Stay granted on terms
Legal Topics
['stay of Proceedings' 'leave to Appeal' 'self Represented Litigant' 'impecuniosity' 'balance of Convenience']
['industrial Law'] ['stay of Proceedings' 'leave to Appeal' 'self Represented Litigant' 'impecuniosity' 'balance of Convenience']

Case Brief

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Procedural Posture

Interlocutory Application (appeal/stay) / Application for Stay of Judgment Pending Appeal

Legal Issues

  1. 1 ['Whether a stay of the orders made by Backman J should be granted pending appeal' "Whether the appellant's impecuniosity would render the appeal nugatory absent a stay" 'What principles govern the grant of a stay in this context']

Ratio Decidendi

A stay may be granted if there is a risk that the appeal will be rendered nugatory, but the applicant must adduce evidence to support such a claim. Despite the lack of evidence, the Court granted a partial stay subject to payment of $20,000, recognising the self-represented status of the appellant and the substantial amount at issue.

Court Disposition

Stay granted on terms

Orders

  • ['Orders made by Backman J on 17 October 2006, 30 November 2006 and 6 December 2006 are stayed subject to the first and third appellants paying the respondent $20,000 within 21 days of this decision.' 'If the appeal succeeds the respondent is to repay $20,000 with interest in accordance with Schedule 5 of the...