CACHIA v ST GEORGE BUILDING SOCIETY LTD [1991] NSWCA 41

CACHIA v ST GEORGE BUILDING SOCIETY LTD [1991] NSWCA 41

Given the possible waste of time and money in proceeding with taxation if the appeal may succeed and the applicant's offer of security, there is sufficient reason to exercise discretion and grant a stay, as it is not clear the appeal is without merit.

Parties
Plaintiff: Mr Cachia; Defendant: St George Building Society Ltd
Jurisdiction
Australia
Judgment Date
20 September 1991
Procedural Posture
Appeal / Interlocutory Application for Stay Pending Appeal
Outcome
Stay granted on condition of security.
Legal Topics
Stay of Execution, Costs, Appeals
Civil Procedure Stay of Execution Costs Appeals

Case Brief

Summary, issues, holding and outcome

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Parties

Mr Cachia

Plaintiff

St George Building Society Ltd

Defendant

Procedural Posture

Appeal / Interlocutory Application for Stay Pending Appeal

Legal Issues

  1. 1 Whether a stay of execution of judgment and costs should be granted pending appeal

Ratio Decidendi

Given the possible waste of time and money in proceeding with taxation if the appeal may succeed and the applicant's offer of security, there is sufficient reason to exercise discretion and grant a stay, as it is not clear the appeal is without merit.

Court Disposition

Stay granted on condition of security.

Orders

  • All proceedings upon Cole J's orders of 3 October 1990 stayed until further order.
  • Order 1 not to come into effect until Mr Cachia furnishes security for payment to the defendant of any costs he becomes liable to pay pursuant to Cole J's costs order; nature and form of security to be agreed or settled by Registrar.