Cmunt v Vescio; Broder [2018] NSWCA 21

Cmunt v Vescio; Broder [2018] NSWCA 21

The appeal does not have strong prospects of success, and granting a stay is not necessary to preserve the substance of the appeal. Accordingly, the application for a stay is refused.

Parties
Appellant: Marie Cmunt; First Respondent: Joseph Vescio; Second Respondent: Michael Broder
Jurisdiction
Australia
Judgment Date
12 February 2018
Procedural Posture
Civil Enforcement Proceedings / Interlocutory Application for Stay Pending Appeal
Outcome
Notice of motion for a stay dismissed.
Legal Topics
Stay of Orders, Compliance With Court Orders, Appeal Prospects, Contempt Proceedings
Civil Procedure Environmental Law Stay of Orders Compliance With Court Orders Appeal Prospects Contempt Proceedings

Case Brief

Summary, issues, holding and outcome

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Parties

Marie Cmunt

Appellant

Joseph Vescio

First Respondent

Michael Broder

Second Respondent

Procedural Posture

Civil Enforcement Proceedings / Interlocutory Application for Stay Pending Appeal

Legal Issues

  1. 1 Whether there are real prospects of success on appeal to justify a stay
  2. 2 Whether appeal would be rendered nugatory without a stay

Ratio Decidendi

The appeal does not have strong prospects of success, and granting a stay is not necessary to preserve the substance of the appeal. Accordingly, the application for a stay is refused.

Court Disposition

Notice of motion for a stay dismissed.

Orders

  • The notice of motion for a stay is dismissed.
  • Costs of the notice of motion to be costs in the appeal, save that the respondent Council is to bear the costs of the services of the interpreter on 29 January 2018.