Sydney Attractions Group Pty Ltd v Frederick Schulman (No 4) [2013] NSWSC 1728

Sydney Attractions Group Pty Ltd v Frederick Schulman (No 4) [2013] NSWSC 1728

A stay of execution is granted pending resolution of the appeal, conditioned on the plaintiff filing a notice of appeal and providing a bank guarantee for the judgment sum plus interest, given uncertainty regarding the defendant's assets in Australia and the plaintiff's demonstrated capacity to secure the sum.

Jurisdiction
Australia
Judgment Date
21 November 2013
Procedural Posture
Notice of Motion / Application for Stay of Execution Pending Appeal
Outcome
Stay of execution granted, conditional
Legal Topics
['stay of Execution' 'appeals' 'security for Judgment']
['civil Procedure' 'equity'] ['stay of Execution' 'appeals' 'security for Judgment']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

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

Procedural Posture

Notice of Motion / Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 ['Whether a stay of execution of judgment and orders should be granted pending appeal' 'Whether evidence establishes a risk that the judgment will not be repaid if not stayed' 'On what terms a stay should be granted']

Ratio Decidendi

A stay of execution is granted pending resolution of the appeal, conditioned on the plaintiff filing a notice of appeal and providing a bank guarantee for the judgment sum plus interest, given uncertainty regarding the defendant's assets in Australia and the plaintiff's demonstrated capacity to secure the sum.

Court Disposition

Stay of execution granted, conditional

Orders

  • ['A stay of execution of paragraphs 1 to 6 and paragraph 8 of the Orders made on 28 October 2013 is granted pending resolution of the appeal, subject to the plaintiff filing a notice of appeal and providing a bank guarantee for the judgment sum plus interest at the current rate under the UCPR for a period of 12...