M & W Zaki Pty Ltd v MindChamps Preschool Ltd [2022] NSWCA 140

M & W Zaki Pty Ltd v MindChamps Preschool Ltd [2022] NSWCA 140

In the absence of evidence of prejudice to the respondent and acknowledging potential inconvenience and expense for enforcing a judgment overseas, a stay is appropriate provided the judgment sum plus interest is paid into court, with expedited appeal timetabling.

Jurisdiction
Australia
Judgment Date
01 August 2022
Procedural Posture
Appeal / Stay Application Pending Determination of Appeal
Outcome
Stay of execution granted on condition appellants pay judgment sum plus interest into court; appeal to proceed on expedited timetable.
Legal Topics
['stay of Execution' 'appeals' 'payment Into Court']
['civil Procedure'] ['stay of Execution' 'appeals' 'payment Into Court']

Case Brief

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Procedural Posture

Appeal / Stay Application Pending Determination of Appeal

Legal Issues

  1. 1 ['Whether orders 1 and 2 for payment of $500,000 should be stayed pending appeal' 'Whether judgment sum should be paid into court to secure respondent’s interest']

Ratio Decidendi

In the absence of evidence of prejudice to the respondent and acknowledging potential inconvenience and expense for enforcing a judgment overseas, a stay is appropriate provided the judgment sum plus interest is paid into court, with expedited appeal timetabling.

Court Disposition

Stay of execution granted on condition appellants pay judgment sum plus interest into court; appeal to proceed on expedited timetable.

Orders

  • ['Orders 1 and 2 of Slattery J’s decision of 1 July 2022 stayed pending appeal determination or further order, conditioned on payment of $643,500 into court.' 'Direct payment of $643,500 into court by 4pm Friday 5 August 2022.' "Liberty to apply on two working days' notice by email to Associate for any issue arising...