Chapman v Spence (No. 2) [2013] NSWSC 1830

Chapman v Spence (No. 2) [2013] NSWSC 1830

The stay was lifted because it had been granted to allow the Defendant to pursue an extension of time for review of the costs assessment determination, but since 21 May 2013 no such application had been made, no leave to appeal had been sought against the finding that an extension was necessary, and the determination had become a judgment of the Court on which the Plaintiff was entitled to execute.

Jurisdiction
Australia
Judgment Date
20 December 2013
Procedural Posture
Interlocutory Applications / Application to Lift Stay on Writs for Levy of Property
Outcome
Stay lifted; Defendant ordered to pay costs.
Legal Topics
['stay on Execution' 'costs Assessment' 'application for Review' 'extension of Time' 'writs for Levy of Property']
['civil Procedure' 'costs'] ['stay on Execution' 'costs Assessment' 'application for Review' 'extension of Time' 'writs for Levy of Property']

Case Brief

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Procedural Posture

Interlocutory Applications / Application to Lift Stay on Writs for Levy of Property

Legal Issues

  1. 1 ['Whether the stay on the Writs for Levy of Property imposed on 21 May 2013 should be lifted where the Defendant had not applied for an extension of time to seek review of the costs assessment determination.']

Ratio Decidendi

The stay was lifted because it had been granted to allow the Defendant to pursue an extension of time for review of the costs assessment determination, but since 21 May 2013 no such application had been made, no leave to appeal had been sought against the finding that an extension was necessary, and the determination had become a judgment of the Court on which the Plaintiff was entitled to execute.

Court Disposition

Stay lifted; Defendant ordered to pay costs.

Orders

  • ['Stay on the Writs for Levy of Property imposed on 21 May 2013 lifted.' "Defendant to pay the Plaintiff's costs of 15 November 2013 and 20 December 2013."]