Sheikholeslami v Brungs [2006] FCA 1835

Sheikholeslami v Brungs [2006] FCA 1835

Because there was no admissible evidence of detriment to the applicant from taxation of the respondents' bill proceeding, the Court would not stay taxation; however, while the application for leave to appeal remained undetermined, it was appropriate to prevent enforcement of the costs order by writ of execution until judgment on leave or until 21 days after service of a certificate of taxation and written notice of intention to request execution.

Jurisdiction
Australia
Judgment Date
08 December 2006
Procedural Posture
Notice of Motion Seeking Stay of Costs Order Pending Decision on Application for Leave to Appeal / Interlocutory Motion After Dismissal of Proceeding and Pending Reserved Decision on Leave to Appeal
Outcome
Motion partly granted; execution restrained and motion stood over for directions.
Legal Topics
['stay of Costs Order' 'taxation of Costs' 'writ of Execution' 'application for Leave to Appeal']
['civil Procedure' 'costs'] ['stay of Costs Order' 'taxation of Costs' 'writ of Execution' 'application for Leave to Appeal']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Notice of Motion Seeking Stay of Costs Order Pending Decision on Application for Leave to Appeal / Interlocutory Motion After Dismissal of Proceeding and Pending Reserved Decision on Leave to Appeal

Legal Issues

  1. 1 ["Whether order 2 of 28 July 2006 requiring the applicant to pay the respondents' costs on a solicitor/client basis should be stayed pending the decision on leave to appeal." 'Whether enforcement of the costs order by writ of execution should be restrained while the leave application remains undetermined.']

Ratio Decidendi

Because there was no admissible evidence of detriment to the applicant from taxation of the respondents' bill proceeding, the Court would not stay taxation; however, while the application for leave to appeal remained undetermined, it was appropriate to prevent enforcement of the costs order by writ of execution until judgment on leave or until 21 days after service of a certificate of taxation and written notice of intention to request execution.

Court Disposition

Motion partly granted; execution restrained and motion stood over for directions.

Orders

  • ['No writ of execution for enforcement of order 2 of 28 July 2006 be issued prior to the day on which Gyles J delivers judgment in the leave application or until after the expiration of 21 days from the time the respondents serve on the applicant a certificate of taxation together with written notice of their...