Australia and New Zealand Banking Group Limited v David Anthony James [2016] NSWSC 108

Australia and New Zealand Banking Group Limited v David Anthony James [2016] NSWSC 108

Mr James has not satisfied the court that the stay is warranted: the claim he seeks to bring is not a cross-claim, any recovery would not benefit him personally, his explanation for delay is inadequate, and there is no evidence the proceedings would be stultified by the absence of a stay. Therefore, the notice of motion to stay the judgment is dismissed with costs.

Jurisdiction
Australia
Judgment Date
23 February 2016
Procedural Posture
Notice of Motion to Stay Judgment / Post Judgment Application
Outcome
Notice of motion dismissed with costs.
Legal Topics
['stay of Judgment' 'guarantees' 'derivative Action']
['civil Procedure' 'corporate Law'] ['stay of Judgment' 'guarantees' 'derivative Action']

Case Brief

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Procedural Posture

Notice of Motion to Stay Judgment / Post Judgment Application

Legal Issues

  1. 1 ['Whether the judgment entered by consent should be stayed pending related proceedings']

Ratio Decidendi

Mr James has not satisfied the court that the stay is warranted: the claim he seeks to bring is not a cross-claim, any recovery would not benefit him personally, his explanation for delay is inadequate, and there is no evidence the proceedings would be stultified by the absence of a stay. Therefore, the notice of motion to stay the judgment is dismissed with costs.

Court Disposition

Notice of motion dismissed with costs.

Orders

  • ['Notice of motion filed on 10 February 2016 by David Anthony James is dismissed with costs.']