Streetscape Projects (Australia) Pty Ltd v The City of Sydney [2012] NSWCA 63
The appellants failed to establish on the balance of probabilities that the judgment sum was unavailable to them due to the structure and operation of family trusts, and their evidence lacked sufficient candour and reliability. As such, the basis for a stay was not made out.
- Jurisdiction
- Australia
- Judgment Date
- 03 April 2012
- Procedural Posture
- Application for Stay of Judgment Pending Appeal / Court of Appeal Decision on Notice of Motion for Stay
- Outcome
- Notice of motion dismissed with costs.
- Legal Topics
- ['stay of Judgment' 'impecuniosity' 'trust Structures' 'candour to the Court']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Application for Stay of Judgment Pending Appeal / Court of Appeal Decision on Notice of Motion for Stay
Legal Issues
- 1 ['Whether the appellants established grounds for a stay of judgment pending appeal based on inability to pay the judgment sum of $12,000,000, considering the presence of complex family trust structures and the onus on the applicant to provide sufficient material for the court to determine terms of a stay.']
Ratio Decidendi
The appellants failed to establish on the balance of probabilities that the judgment sum was unavailable to them due to the structure and operation of family trusts, and their evidence lacked sufficient candour and reliability. As such, the basis for a stay was not made out.
Court Disposition
Notice of motion dismissed with costs.
Orders
- ['Notice of motion for stay is dismissed.' "Appellants to pay the respondent's costs of the notice of motion."]
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