Vagg v McPhee [2012] NSWCA 237

Vagg v McPhee [2012] NSWCA 237

The respondents unreasonably failed to agree to an out-of-court resolution for a stay sought by the appellants, causing unnecessary costs; therefore, costs of the motion should be paid by respondents on an indemnity basis.

Jurisdiction
Australia
Judgment Date
30 July 2012
Procedural Posture
Appeal / Interlocutory Motion for Stay of Execution and Costs Assessment
Outcome
Stay ordered; respondents to pay appellants' costs on indemnity basis.
Legal Topics
['stay of Execution' 'costs' 'interlocutory Proceedings']
['civil Procedure'] ['stay of Execution' 'costs' 'interlocutory Proceedings']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Appeal / Interlocutory Motion for Stay of Execution and Costs Assessment

Legal Issues

  1. 1 ["Whether the respondents should pay the appellants' costs of the notice of motion on an indemnity basis" 'Whether a stay of execution and stay of costs assessment pending appeal should be granted']

Ratio Decidendi

The respondents unreasonably failed to agree to an out-of-court resolution for a stay sought by the appellants, causing unnecessary costs; therefore, costs of the motion should be paid by respondents on an indemnity basis.

Court Disposition

Stay ordered; respondents to pay appellants' costs on indemnity basis.

Orders

  • ['Stay execution on the judgment pursuant to the orders below (7 March 2012) until appeal is heard and determined.' 'Stay the costs assessment in respect of the orders made below on 7 March 2012 until appeal is heard and determined.' "Respondents to pay the appellants' costs of the motion on an indemnity basis."]