Croucher v Cachia (No 2) [2015] NSWCA 366

Croucher v Cachia (No 2) [2015] NSWCA 366

The stay was granted on undertakings preserving the applicant's relevant assets only up to and including the date on which the Court of Appeal determines the appeal, subject to further order, because the purpose of conditioning the stay was to maintain the status quo and protect the respondent from prejudice caused by the stay, not to give the respondent an advantage or security equivalent by extending the undertakings until satisfaction of the judgment.

Jurisdiction
Australia
Judgment Date
26 November 2015
Procedural Posture
Civil Appeal / Notice of Motion for a Stay of the District Court Judgment Pending the Hearing and Determination of the Appeal, Determined on the Papers
Outcome
Stay granted subject to the filing of signed written undertakings; respondent's proposed extension of the undertakings until satisfaction of the judgment was not accepted.
Legal Topics
['stay Pending Appeal' 'undertakings to the Court' 'security for Judgment Debt' 'preservation of Status Quo']
['civil Procedure' 'appellate Procedure'] ['stay Pending Appeal' 'undertakings to the Court' 'security for Judgment Debt' 'preservation of Status Quo']

Case Brief

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Procedural Posture

Civil Appeal / Notice of Motion for a Stay of the District Court Judgment Pending the Hearing and Determination of the Appeal, Determined on the Papers

Legal Issues

  1. 1 ['Whether the District Court judgment should be stayed pending the hearing and determination of the appeal subject to undertakings.' "Whether the applicant's and his wife's undertakings not to deal with property and shares should continue after determination of the appeal until satisfaction of the judgment." "Whether the proposed undertakings would preserve the status quo or impermissibly improve the respondent's position by providing security."]

Ratio Decidendi

The stay was granted on undertakings preserving the applicant's relevant assets only up to and including the date on which the Court of Appeal determines the appeal, subject to further order, because the purpose of conditioning the stay was to maintain the status quo and protect the respondent from prejudice caused by the stay, not to give the respondent an advantage or security equivalent by extending the undertakings until satisfaction of the judgment.

Court Disposition

Stay granted subject to the filing of signed written undertakings; respondent's proposed extension of the undertakings until satisfaction of the judgment was not accepted.

Orders

  • ['The judgment of her Honour Judge Norton SC of 18 May 2015 be stayed pending the hearing and determination of the appeal on condition that within seven days there is filed with the Court a signed written undertaking to the Court by the applicant in the form contained in the first schedule to these orders and a...