SAS Realty Developments Pty Ltd v Kerr [2012] NSWCA 233

A stay of execution of the judgment below should be granted as there are arguable prospects of success in the appeal and the balance of prejudice favours the appellants.

Parties: First Appellant: SAS Realty Developments Pty Ltd; Second Appellant: Sean Shen; Respondent: Quentin Kerr
Jurisdiction: Australia
Judgment Date: 23 July 2012
Procedural Posture: Appeal / Motion for Stay Pending Appeal
Outcome: Stay granted
Legal Topics: Stay of Order Pending Appeal, Balance of Prejudice, Arguable Prospects of Success

Civil Procedure Stay of Order Pending Appeal Balance of Prejudice Arguable Prospects of Success

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Parties

SAS Realty Developments Pty Ltd

First Appellant

Sean Shen

Second Appellant

Quentin Kerr

Respondent

Procedural Posture

Appeal / Motion for Stay Pending Appeal

Legal Issues

1 Whether the appeal has arguable prospects of success
2 Whether the balance of prejudice favours granting a stay of the District Court order pending appeal

Ratio Decidendi

A stay of execution of the judgment below should be granted as there are arguable prospects of success in the appeal and the balance of prejudice favours the appellants.

Court Disposition

Stay granted

Orders

Grant a stay of the order made by the District Court on 4 May 2012 and entered on 12 June 2012 for payment to Mr Kerr of an amount of $453,252.05 by SAS Realty Developments Pty Ltd and Mr Shen.
The costs of this motion are to be costs in the appeal.