Bishay v Moskios [2013] NSWCA 22

Bishay v Moskios [2013] NSWCA 22

A limited stay was granted to preserve the applicants' opportunity to prosecute their application for leave to appeal, but such stay was expressly not to interfere with any steps in bankruptcy taken by the respondent.

Jurisdiction
Australia
Judgment Date
11 February 2013
Procedural Posture
Application for Leave to Appeal / Interlocutory
Outcome
Stay partially granted; application for leave to appeal set down
Legal Topics
['stay of Proceedings' 'leave to Appeal' 'building Dispute' 'bankruptcy']
['practice and Procedure'] ['stay of Proceedings' 'leave to Appeal' 'building Dispute' 'bankruptcy']

Case Brief

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Procedural Posture

Application for Leave to Appeal / Interlocutory

Legal Issues

  1. 1 ['Whether stay of District Court orders pending leave to appeal should be granted' 'Whether bankruptcy proceedings affect the rights of the applicant to seek leave']

Ratio Decidendi

A limited stay was granted to preserve the applicants' opportunity to prosecute their application for leave to appeal, but such stay was expressly not to interfere with any steps in bankruptcy taken by the respondent.

Court Disposition

Stay partially granted; application for leave to appeal set down

Orders

  • ['Set down the application for leave to appeal not before 11.15 am on 20 February 2013.' 'Until midnight on 20 February 2013 or resolution of the application for leave to appeal, stay the operation of orders made by the District Court on 2 August 2013, subject to Order 3.' 'Such stay is not to prevent the respondent...