Seiwa Pty Ltd v Owners Strata Plan 35042 [2006] NSWSC 1472

Seiwa Pty Ltd v Owners Strata Plan 35042 [2006] NSWSC 1472

No sufficient prejudice to the defendant was shown to warrant a stay of the judgment or the mandatory injunction, as restitution would be possible if the appeal succeeded and an arguable ground of appeal alone did not justify a stay.

Jurisdiction
Australia
Judgment Date
18 December 2006
Procedural Posture
Civil / Application for Stay Pending Appeal
Outcome
Stay refused; notice of motion dismissed with costs.
Legal Topics
['stay of Judgment' 'damages' 'mandatory Injunction']
['civil Procedure' 'equity'] ['stay of Judgment' 'damages' 'mandatory Injunction']

Case Brief

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Procedural Posture

Civil / Application for Stay Pending Appeal

Legal Issues

  1. 1 ['Whether a stay of judgment for damages and mandatory injunction should be granted pending appeal']

Ratio Decidendi

No sufficient prejudice to the defendant was shown to warrant a stay of the judgment or the mandatory injunction, as restitution would be possible if the appeal succeeded and an arguable ground of appeal alone did not justify a stay.

Court Disposition

Stay refused; notice of motion dismissed with costs.

Orders

  • ['Notice of motion dismissed with costs.']