National Australia Bank Limited v Clark [2015] NSWSC 1077

National Australia Bank Limited v Clark [2015] NSWSC 1077

There are no proceedings on foot in the Supreme Court of New South Wales to be stayed, only a judgment, and no legal or evidential basis for a stay was made out; therefore, the motion to stay is dismissed.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
03 August 2015
Procedural Posture
Application for Stay of Proceedings / Ex Parte Motion, Dismissed
Outcome
Notice of motion dismissed
Legal Topics
['stay of Proceedings' 'judgment Debt' "creditor's Petition" 'bankruptcy']
['civil Procedure'] ['stay of Proceedings' 'judgment Debt' "creditor's Petition" 'bankruptcy']

Source-derived case record

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 Proceedings / Ex Parte Motion, Dismissed

Legal Issues

  1. 1 ['Whether there are proceedings on foot in the Supreme Court of New South Wales which may be stayed' 'Power of the Court to stay proceedings where proceedings are only on foot in the Federal jurisdiction' 'Whether there are grounds for a stay based on alleged wrongdoing by the bank']

Ratio Decidendi

There are no proceedings on foot in the Supreme Court of New South Wales to be stayed, only a judgment, and no legal or evidential basis for a stay was made out; therefore, the motion to stay is dismissed.

Court Disposition

Notice of motion dismissed

Orders

  • ['The notice of motion of 3 August 2015 is dismissed.' 'Each party must pay their own costs.']