Vo v Tran (No 3) [2016] NSWSC 1199

Vo v Tran (No 3) [2016] NSWSC 1199

In light of the plaintiff's admitted impecuniosity and risk of inability to repay if the appeal succeeded, and upon the undertaking by the defendants to diligently pursue the appeal, the stay was granted on conditions that defendants file and serve Notice of Appeal within 28 days and prosecute the appeal with due diligence.

Jurisdiction
Australia
Judgment Date
30 August 2016
Procedural Posture
Stay Application / Post Judgment, Pending Appeal
Outcome
Stay of judgment granted on conditions
Legal Topics
['stay of Judgment' 'appeal Procedures']
['practice and Procedure'] ['stay of Judgment' 'appeal Procedures']

Case Brief

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Procedural Posture

Stay Application / Post Judgment, Pending Appeal

Legal Issues

  1. 1 ['Whether to grant a stay of judgment pending appeal when there is a risk that the plaintiff will be unable to repay if appeal successful']

Ratio Decidendi

In light of the plaintiff's admitted impecuniosity and risk of inability to repay if the appeal succeeded, and upon the undertaking by the defendants to diligently pursue the appeal, the stay was granted on conditions that defendants file and serve Notice of Appeal within 28 days and prosecute the appeal with due diligence.

Court Disposition

Stay of judgment granted on conditions

Orders

  • ['That the defendants file and serve a Notice of Appeal within 28 days of delivery of reasons' 'That the defendant pursue the appeal with due diligence' 'Any question of costs in relation to the stay application is reserved']