Hudson Investment Group & Anor v Pacific Holdings [2006] NSWSC 873

Hudson Investment Group & Anor v Pacific Holdings [2006] NSWSC 873

A stay of enforcement of the judgment in NSW is granted pending the outcome of the New Zealand appeal, on the basis that Hudson Investment Group Limited proffers a written undertaking not to deal with assets outside ordinary business until final determination of the appeal. Hudson has an arguable case on appeal, the appeal will be heard shortly, and Pacific Holdings will not lose the potential fruits of its judgment if the undertaking is given.

Jurisdiction
Australia
Judgment Date
31 August 2006
Procedural Posture
Stay of Enforcement of Foreign Judgment / Application for Stay Pending Appeal
Outcome
Stay of enforcement of registered judgment granted pending outcome of appeal, subject to undertaking; costs reserved; argument on costs stood over.
Legal Topics
['stay of Judgment' 'foreign Judgment Enforcement']
['civil Procedure'] ['stay of Judgment' 'foreign Judgment Enforcement']

Case Brief

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Procedural Posture

Stay of Enforcement of Foreign Judgment / Application for Stay Pending Appeal

Legal Issues

  1. 1 ['Whether enforcement of a registered foreign judgment should be stayed pending appeal' 'Whether Hudson has an arguable case on appeal' "Balance of convenience and protection of respondent's rights"]

Ratio Decidendi

A stay of enforcement of the judgment in NSW is granted pending the outcome of the New Zealand appeal, on the basis that Hudson Investment Group Limited proffers a written undertaking not to deal with assets outside ordinary business until final determination of the appeal. Hudson has an arguable case on appeal, the appeal will be heard shortly, and Pacific Holdings will not lose the potential fruits of its judgment if the undertaking is given.

Court Disposition

Stay of enforcement of registered judgment granted pending outcome of appeal, subject to undertaking; costs reserved; argument on costs stood over.

Orders

  • ['A stay of enforcement of the judgment registered in this Court pending the outcome of the appeal is granted on the basis that Hudson Investment Group Limited provide the proposed written undertaking by 5.00pm on 1 September 2006.' 'Costs are reserved.' 'Argument on costs is stood over to a date to be fixed.']