NB2 Pty Ltd v P. T. Ltd [2017] NSWCA 257

NB2 Pty Ltd v P. T. Ltd [2017] NSWCA 257

The likelihood that the appeal will be rendered abortive if enforcement is allowed is decisive; therefore, a stay should be granted pending determination of the appeal.

Parties
Applicant: NB2 Pty Ltd; Applicant: Nicholas Basile; Respondent: P. T. Ltd
Jurisdiction
Australia
Judgment Date
13 October 2017
Procedural Posture
Appeal / Application for Stay of Enforcement Pending Appeal
Outcome
Stay granted
Legal Topics
Stay of Enforcement, Appeal, Judgment Enforcement, Bankruptcy, Winding Up
Civil Procedure Stay of Enforcement Appeal Judgment Enforcement Bankruptcy Winding Up

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Parties

NB2 Pty Ltd

Applicant

Nicholas Basile

Applicant

P. T. Ltd

Respondent

Procedural Posture

Appeal / Application for Stay of Enforcement Pending Appeal

Legal Issues

  1. 1 Whether enforcement of judgment should be stayed pending appeal
  2. 2 Risk of appeal being rendered nugatory if stay not granted
  3. 3 Effect of asset dispositions by applicant after judgment

Ratio Decidendi

The likelihood that the appeal will be rendered abortive if enforcement is allowed is decisive; therefore, a stay should be granted pending determination of the appeal.

Court Disposition

Stay granted

Orders

  • Order that enforcement against NB2 and Mr Basile of the orders made by McDougall J on 5 May 2017 be stayed until the determination of their appeal to this Court.
  • Order that the costs of the motion for a stay be costs in the appeal.