Tibbles v Ulladulla Creative images Pty Ltd (No 2) [2021] NSWDC 405
As the applicant provided no substantive evidence of impecuniosity and there was no evidence that payment of the judgment would frustrate recovery if the appeal succeeded, and no merit in the grounds for appeal beyond previously unsuccessful arguments, no proper basis for a stay was established and the application was dismissed.
- Parties
- Applicant: Ulladulla Creative Images Pty Ltd; Applicant: John Corrin; Respondent: Ian Tibbles; Respondent: Debbie Tibbles
- Jurisdiction
- Australia
- Judgment Date
- 16 July 2021
- Procedural Posture
- Civil / Application for Stay of Proceedings
- Outcome
- Application for stay of proceedings dismissed.
- Legal Topics
- Stay of Proceedings, Impecuniosity, Balance of Convenience
Case Brief
Summary, issues, holding and outcome
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Parties
Ulladulla Creative Images Pty Ltd
Applicant
John Corrin
Applicant
Ian Tibbles
Respondent
Debbie Tibbles
Respondent
Procedural Posture
Civil / Application for Stay of Proceedings
Legal Issues
- 1 Whether a stay of judgment should be granted pending appeal where the only ground is impecuniosity of the applicant.
Ratio Decidendi
As the applicant provided no substantive evidence of impecuniosity and there was no evidence that payment of the judgment would frustrate recovery if the appeal succeeded, and no merit in the grounds for appeal beyond previously unsuccessful arguments, no proper basis for a stay was established and the application was dismissed.
Court Disposition
Application for stay of proceedings dismissed.
Orders
- Application for stay of proceedings is dismissed.
- Applicant is ordered to pay the respondent's costs for the notice of motion.
Full Case Text
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