Mondino v Djordjevic [2018] NSWSC 673

Mondino v Djordjevic [2018] NSWSC 673

The stay is refused due to considerable delay by the plaintiff in seeking relief and the availability of restitution should the plaintiff's appeal succeed, making it unnecessary or unjust to stay execution.

Jurisdiction
Australia
Judgment Date
14 May 2018
Procedural Posture
Notice of Motion for Stay of Execution / Interlocutory Application Refusal of Stay Pending Appeal
Outcome
Notice of motion dismissed. Plaintiff to pay defendant's costs.
Legal Topics
['stay of Execution' 'delay' 'restitution' 'appeals']
['practice and Procedure'] ['stay of Execution' 'delay' 'restitution' 'appeals']

Case Brief

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Procedural Posture

Notice of Motion for Stay of Execution / Interlocutory Application Refusal of Stay Pending Appeal

Legal Issues

  1. 1 ['Whether a stay of execution of Local Court judgments should be granted pending appeal to the Supreme Court' 'Whether delay by the applicant is a bar to stay of execution' 'Whether restitution is possible if the appeal is successful']

Ratio Decidendi

The stay is refused due to considerable delay by the plaintiff in seeking relief and the availability of restitution should the plaintiff's appeal succeed, making it unnecessary or unjust to stay execution.

Court Disposition

Notice of motion dismissed. Plaintiff to pay defendant's costs.

Orders

  • ['Dismiss the notice of motion.' "Order the plaintiff to pay the first defendant's costs of the notice of motion." 'Direct the parties to approach the Registrar forthwith for directions.']