Ozzy States Pty Ltd (In Liquidation) (ACN 128 112 498) v Norton Property Group Pty Ltd [2019] NSWCA 244

Ozzy States Pty Ltd (In Liquidation) (ACN 128 112 498) v Norton Property Group Pty Ltd [2019] NSWCA 244

Given the arguably serious issues raised in the appeal, the risk that execution would stultify the appeal, the potential difficulties with recovery if the appeal were successful, and subject to appellants' undertakings, the interests of justice require a stay of execution of the District Court's orders pending determination of the appeal.

Parties
Appellant: Norton Property Group Pty Ltd; Appellant: Christos Exarhos; Respondent: Ozzy States Pty Ltd (In Liquidation); Respondent: JRNN Pty Ltd
Jurisdiction
Australia
Judgment Date
30 September 2019
Procedural Posture
Civil / Application for Stay Pending Appeal
Outcome
Stay granted
Legal Topics
Stay of Execution, Pending Appeal, Costs, Misleading and Deceptive Conduct, Unconscionable Conduct, Unjust Enrichment
Civil Procedure Stay of Execution Pending Appeal Costs Misleading and Deceptive Conduct Unconscionable Conduct Unjust Enrichment

Case Brief

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Parties

Norton Property Group Pty Ltd

Appellant

Christos Exarhos

Appellant

Ozzy States Pty Ltd (In Liquidation)

Respondent

JRNN Pty Ltd

Respondent

Procedural Posture

Civil / Application for Stay Pending Appeal

Legal Issues

  1. 1 Whether a stay of execution of the judgment pending appeal should be granted
  2. 2 Whether the appellants' appeal is reasonably arguable
  3. 3 Whether payment of the judgment debt would be irrecoverable if the appeal succeeded

Ratio Decidendi

Given the arguably serious issues raised in the appeal, the risk that execution would stultify the appeal, the potential difficulties with recovery if the appeal were successful, and subject to appellants' undertakings, the interests of justice require a stay of execution of the District Court's orders pending determination of the appeal.

Court Disposition

Stay granted

Orders

  • Execution of the judgment and orders of the District Court on 26 April 2019 and 28 June 2019 is stayed pending hearing and determination of the appeal or earlier order.
  • Costs of the appellant's notice of motion are costs in the appeal.