Welcome Real-Time SA v Catuity Inc (No 2) [2002] FCA 258

Welcome Real-Time SA v Catuity Inc (No 2) [2002] FCA 258

Given practical security for applicant, limited duration of stay, and finely balanced considerations regarding financial and enforcement uncertainties, it is reasonable to grant the stay of the costs order pending appeal.

Jurisdiction
Australia
Judgment Date
27 February 2002
Procedural Posture
Application for Stay of Costs Order / Post Judgment, Pending Appeal
Outcome
stay of costs order granted for 14 days
Legal Topics
['stay of Costs Order' 'appeal' 'enforcement of Foreign Judgments']
['practice and Procedure'] ['stay of Costs Order' 'appeal' 'enforcement of Foreign Judgments']

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Procedural Posture

Application for Stay of Costs Order / Post Judgment, Pending Appeal

Legal Issues

  1. 1 ['Whether a stay of costs order should be granted pending appeal' 'Financial uncertainty regarding repayment of costs' 'Enforcement of Australian judgment in France']

Ratio Decidendi

Given practical security for applicant, limited duration of stay, and finely balanced considerations regarding financial and enforcement uncertainties, it is reasonable to grant the stay of the costs order pending appeal.

Court Disposition

stay of costs order granted for 14 days

Orders

  • ['Order for costs made on 24 July 2001 stayed for 14 days.' 'Liberty to apply reserved.' "Transcript of today's proceeding to be made available to applicant's solicitors before public release to protect confidential information."]