Rowett v Coleman & Anor [2002] NSWSC 133

Rowett v Coleman & Anor [2002] NSWSC 133

Although the plaintiff had not paid the $10,000 additional security for costs condition imposed earlier and the circumstances were unsatisfactory, the defendants did not appear and the appeal was said to be listed on 4 March 2002; therefore a temporary stay maintaining the status quo until that date was appropriate, but an open-ended stay was not.

Jurisdiction
Australia
Judgment Date
18 February 2002
Procedural Posture
Interlocutory Application for Stay / Motion for Stay Pending Determination of Competency of Appeal
Outcome
Stay granted
Legal Topics
['stay of Orders' 'security for Costs' 'competency of Appeal' 'no Appearance of Opponent']
['civil Procedure' 'appellate Procedure'] ['stay of Orders' 'security for Costs' 'competency of Appeal' 'no Appearance of Opponent']

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

Interlocutory Application for Stay / Motion for Stay Pending Determination of Competency of Appeal

Legal Issues

  1. 1 ['Whether the orders made by Hidden J should be stayed pending the scheduled Court of Appeal listing on 4 March 2002.' 'Whether an open-ended stay until the matter was finalised should be granted despite non-payment of additional security for costs.']

Ratio Decidendi

Although the plaintiff had not paid the $10,000 additional security for costs condition imposed earlier and the circumstances were unsatisfactory, the defendants did not appear and the appeal was said to be listed on 4 March 2002; therefore a temporary stay maintaining the status quo until that date was appropriate, but an open-ended stay was not.

Court Disposition

Stay granted

Orders

  • ['On the motion filed in court, a stay of the orders made by Hidden J on 18 December 2001 was ordered up until 4pm on 4 March 2002, or further order of the Court.']