Super Vision Resources Ltd BVI Registered No 1810534 v AC Holdings Co Pty Ltd (No 3) [2021] NSWCA 70

A stay of execution is not required to preserve the subject matter where the trustee in bankruptcy has undertaken not to distribute or deal with funds paid to him pending the outcome of the appeal, and granting a stay would make recovery of funds less likely. The respondents' application for a stay is therefore dismissed with costs.

Jurisdiction: Australia
Judgment Date: 27 April 2021
Procedural Posture: Appeal / Interlocutory Application for Stay Pending Special Leave to Appeal to High Court
Outcome: Respondents' notice of motion for stay dismissed with costs.
Legal Topics: ['stay of Execution' 'trustee in Bankruptcy' 'company Deregistration and Reinstatement']

['civil Procedure' 'bankruptcy' 'corporations Law'] ['stay of Execution' 'trustee in Bankruptcy' 'company Deregistration and Reinstatement']

Case Brief

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Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Procedural Posture

Appeal / Interlocutory Application for Stay Pending Special Leave to Appeal to High Court

Legal Issues

1 ['Whether stay of execution of payment orders pending special leave application to the High Court is required to preserve the subject matter of appeal' 'Whether costs of the motion seeking stay should be costs in the cause in the High Court']

Ratio Decidendi

Court Disposition

Respondents' notice of motion for stay dismissed with costs.

Orders

["Dismiss the first and second respondents' notice of motion filed 4 March 2021 with costs."]