Yavuz & Anor v Noaman [2001] NSWCA 190

Yavuz & Anor v Noaman [2001] NSWCA 190

A stay of proceedings should be granted on conditions that the appellants pay $35,000 to the respondent and provide a bank guarantee for $225,000 as security; this balances the respondent's need for funds and the appellants' risk in the event their appeal succeeds.

Jurisdiction
Australia
Judgment Date
18 June 2001
Procedural Posture
Application for Stay of Proceedings / Interlocutory (pending Appeal)
Outcome
Stay granted on conditions
Legal Topics
['stay of Proceedings' 'security for Judgment' 'appeal Procedure']
['civil Procedure'] ['stay of Proceedings' 'security for Judgment' 'appeal Procedure']

Case Brief

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Procedural Posture

Application for Stay of Proceedings / Interlocutory (pending Appeal)

Legal Issues

  1. 1 ['Whether a stay of enforcement of judgment should be granted pending appeal' 'Conditions upon which a stay should be granted']

Ratio Decidendi

A stay of proceedings should be granted on conditions that the appellants pay $35,000 to the respondent and provide a bank guarantee for $225,000 as security; this balances the respondent's need for funds and the appellants' risk in the event their appeal succeeds.

Court Disposition

Stay granted on conditions

Orders

  • ['Stay granted on conditions that $35,000 be paid to the respondent and that a bank guarantee of $225,000 be provided as security within 21 days.' 'Stay to lapse if conditions not fulfilled within 21 days.' 'Guarantee to be in favour of Registrar of the Court.' 'Costs of the application to be costs in the appeal.']