Yates Property Corp Pty Ltd v Boland [1999] FCA 1002

Yates Property Corp Pty Ltd v Boland [1999] FCA 1002

A stay of enforcement of the costs order is appropriate pending the High Court's decision because: (a) the High Court has granted special leave to appeal, satisfying the requirement of an arguable appeal; (b) the applicants are impecunious, with evidence their financial position has not changed, thus there is a real risk any paid costs would be unrecoverable if the appeal is successful.

Jurisdiction
Australia
Judgment Date
04 June 1999
Procedural Posture
Civil Motion / Interlocutory; Application for Stay of Costs Order Pending High Court Appeal
Outcome
Stay of enforcement of costs order granted; applicants to pay first and third respondents' costs of the motions.
Legal Topics
['stay of Execution' 'costs' 'appeals']
['civil Procedure'] ['stay of Execution' 'costs' 'appeals']

Case Brief

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Procedural Posture

Civil Motion / Interlocutory; Application for Stay of Costs Order Pending High Court Appeal

Legal Issues

  1. 1 ['Whether a stay should be granted in respect of costs ordered by the Full Federal Court to be paid by the first and third respondents to the applicants pending the outcome of a High Court appeal']

Ratio Decidendi

A stay of enforcement of the costs order is appropriate pending the High Court's decision because: (a) the High Court has granted special leave to appeal, satisfying the requirement of an arguable appeal; (b) the applicants are impecunious, with evidence their financial position has not changed, thus there is a real risk any paid costs would be unrecoverable if the appeal is successful.

Court Disposition

Stay of enforcement of costs order granted; applicants to pay first and third respondents' costs of the motions.

Orders

  • ['The applicants be restrained from taking any steps consequent upon the issue of a certificate of taxation in respect of the taxation of the costs ordered by the Full Court of the Federal Court to be paid by the first and third respondents to the applicants on 5 August 1998 or seeking otherwise to recover such...