RATCLIFFE v OCEANIC LIFE LTD [1997] NSWCA 259

RATCLIFFE v OCEANIC LIFE LTD [1997] NSWCA 259

A stay of judgment should be granted on terms that expedite the appeal and require the appellants to provide security for costs, given the appeal is not frivolous but chances of success are not high, and the risk that refusal to stay could effectively end the appeal.

Parties
Appellant: Ratcliffe; Respondent: Oceanic Life Ltd; Third Party: Glowtide Pty Limited
Jurisdiction
Australia
Judgment Date
21 October 1997
Procedural Posture
Stay Application / Interlocutory
Outcome
Stay granted on terms
Legal Topics
Stay of Judgment, Appeal Procedure, Security for Costs
Civil Procedure Stay of Judgment Appeal Procedure Security for Costs

Case Brief

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Parties

Ratcliffe

Appellant

Oceanic Life Ltd

Respondent

Glowtide Pty Limited

Third Party

Procedural Posture

Stay Application / Interlocutory

Legal Issues

  1. 1 Whether a stay of judgment should be granted pending appeal
  2. 2 Whether security for costs should condition a stay
  3. 3 Balancing interests of judgment creditor and appellants

Ratio Decidendi

A stay of judgment should be granted on terms that expedite the appeal and require the appellants to provide security for costs, given the appeal is not frivolous but chances of success are not high, and the risk that refusal to stay could effectively end the appeal.

Court Disposition

Stay granted on terms

Orders

  • Appeal to be expedited and placed in Registrar's next call-over list for fixing hearing dates.
  • Stay of judgment conditioned on provision of security for respondent’s costs to satisfaction of Court of Appeal Registrar by 5 November 1997.