Nicholls v Michael Wilson & Partners Limited [2009] NSWCA 420

Nicholls v Michael Wilson & Partners Limited [2009] NSWCA 420

A stay of the money orders is granted until 1 February 2010 to allow appellants to provide full disclosure of their financial position via affidavits; the appropriateness of further stay will depend on disclosure completeness and frankness. Freezing orders are extended, and a procedure is established for further cross-examination and submission of evidence. These arrangements ensure a fair disposition of the application pending appeal.

Jurisdiction
Australia
Judgment Date
16 December 2009
Procedural Posture
Application for Stay of Judgment / Interlocutory (after Notice of Appeal Filed, Pending Further Hearing on Stay)
Outcome
Orders made granting stay of principal money judgment until 1 February 2010, extension of freezing orders, procedures established for affidavits and cross-examination.
Legal Topics
['stay of Judgment' 'freezing Orders']
['civil Procedure'] ['stay of Judgment' 'freezing Orders']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Stay of Judgment / Interlocutory (after Notice of Appeal Filed, Pending Further Hearing on Stay)

Legal Issues

  1. 1 ['Whether a stay of money judgment should be granted pending appeal' 'Whether extension of freezing orders is appropriate']

Ratio Decidendi

A stay of the money orders is granted until 1 February 2010 to allow appellants to provide full disclosure of their financial position via affidavits; the appropriateness of further stay will depend on disclosure completeness and frankness. Freezing orders are extended, and a procedure is established for further cross-examination and submission of evidence. These arrangements ensure a fair disposition of the application pending appeal.

Court Disposition

Orders made granting stay of principal money judgment until 1 February 2010, extension of freezing orders, procedures established for affidavits and cross-examination.

Orders

  • ['Stay of principal money judgment until 1 February 2010' 'Extension of existing freezing orders' 'Appellants to submit full affidavits of means by 15 January 2010' 'Procedures for further cross-examination of witnesses and submission of affidavits' 'Orders made in accordance with amended short minutes initialled...