Grant v Grant [2020] NSWCA 328

Grant v Grant [2020] NSWCA 328

A stay was granted on terms to prevent the appellants from disposing of assets and to ensure the Killcare property is protected, so that the appeal is not stultified, but the respondent's position is reasonably protected.

Parties
First Appellant: Nerez Gwynneth Grant; Second Appellant: Kashaya Williams; Respondent: Seth Garran Niels Grant
Jurisdiction
Australia
Judgment Date
14 December 2020
Procedural Posture
Appeal / Interlocutory (stay Pending Appeal)
Outcome
Stay granted on terms pending appeal
Legal Topics
Stay Pending Appeal
Civil Procedure Stay Pending Appeal

Case Brief

Summary, issues, holding and outcome

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Parties

Nerez Gwynneth Grant

First Appellant

Kashaya Williams

Second Appellant

Seth Garran Niels Grant

Respondent

Procedural Posture

Appeal / Interlocutory (stay Pending Appeal)

Legal Issues

  1. 1 Whether to grant a stay of the orders made by Slattery J in the Equity Division pending appeal

Ratio Decidendi

A stay was granted on terms to prevent the appellants from disposing of assets and to ensure the Killcare property is protected, so that the appeal is not stultified, but the respondent's position is reasonably protected.

Court Disposition

Stay granted on terms pending appeal

Orders

  • The certificate of title to the land at 2 Linda Street Killcare NSW to be retained by the Court.
  • Orders made in the Equity Division on 24 September 2020 are stayed on condition that the second appellant undertakes to the Court to keep the Killcare property insured, not encumbered, not damaged, kept in good repair and not rented for more than 6 weeks to any person.