Richardson v Lindsay [2019] NSWCA 30

Richardson v Lindsay [2019] NSWCA 30

A proper basis was made out for a relatively short stay of execution on the costs order, as there was no material prejudice to the respondents with the delay, the applicant's impecuniosity was apparent, and the appeal was listed for hearing soon. The interests of justice favoured a stay until after the appeal.

Parties
Applicant: Lurline Faith Richardson; First Respondent: John David Lindsay; Second Respondent: Fiona Judy Lindsay
Jurisdiction
Australia
Judgment Date
18 February 2019
Procedural Posture
Stay Application Within Appeal Proceedings / Interlocutory (motion for Stay of Execution of Costs Order Pending Appeal)
Outcome
Stay of enforcement of costs order granted until further order; no order as to costs of the notice of motion.
Legal Topics
Stay of Execution, Costs, Appeal Procedure
Civil Procedure Stay of Execution Costs Appeal Procedure

Case Brief

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Parties

Lurline Faith Richardson

Applicant

John David Lindsay

First Respondent

Fiona Judy Lindsay

Second Respondent

Procedural Posture

Stay Application Within Appeal Proceedings / Interlocutory (motion for Stay of Execution of Costs Order Pending Appeal)

Legal Issues

  1. 1 Whether enforcement of the costs order should be stayed pending the outcome of the appeal.

Ratio Decidendi

A proper basis was made out for a relatively short stay of execution on the costs order, as there was no material prejudice to the respondents with the delay, the applicant's impecuniosity was apparent, and the appeal was listed for hearing soon. The interests of justice favoured a stay until after the appeal.

Court Disposition

Stay of enforcement of costs order granted until further order; no order as to costs of the notice of motion.

Orders

  • That enforcement of the costs order made on 22 October 2018 against the appellant and in favour of the respondents be stayed until further order.
  • Order 1 is subject to any subsequent order made in this Court, and will lapse of its own force when orders are made finally disposing of the appeal.