Nagle v Ultra Developments Pty Limited [2014] NSWSC 1867

Nagle v Ultra Developments Pty Limited [2014] NSWSC 1867

A stay of execution of the writ is appropriate to prevent the appeal from being rendered nugatory, conditional upon the plaintiffs prosecuting their summons and appeal with due dispatch.

Parties
Plaintiff: Robert Nagle; Plaintiff: Kelly Nagle; Defendant: Ultra Developments Pty Limited
Jurisdiction
Australia
Judgment Date
18 December 2014
Procedural Posture
Notice of Motion for Stay of Execution / Interlocutory Application
Outcome
Stay granted conditional on plaintiffs prosecuting appeal with due dispatch. No order as to costs, costs reserved.
Legal Topics
Stay of Execution of Writ, Costs Orders, Appeal Procedure
Civil Law Stay of Execution of Writ Costs Orders Appeal Procedure

Case Brief

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Parties

Robert Nagle

Plaintiff

Kelly Nagle

Plaintiff

Ultra Developments Pty Limited

Defendant

Procedural Posture

Notice of Motion for Stay of Execution / Interlocutory Application

Legal Issues

  1. 1 Whether execution of the writ for levy of property should be stayed pending the determination of the plaintiffs' summons and appeal
  2. 2 Whether refusal to grant a stay would render the appeal futile

Ratio Decidendi

A stay of execution of the writ is appropriate to prevent the appeal from being rendered nugatory, conditional upon the plaintiffs prosecuting their summons and appeal with due dispatch.

Court Disposition

Stay granted conditional on plaintiffs prosecuting appeal with due dispatch. No order as to costs, costs reserved.

Orders

  • Execution of the writ for the levy of property issued by the Local Court at Orange in proceedings 2014/00255964 be stayed until the determination of the plaintiffs' summons in this Court. That stay is conditional upon the plaintiff prosecuting its summons and appeal with due dispatch, including making an urgent...
  • No order as to costs, costs reserved.