Chen v Lym International; Chen v Marcolongo (No 2) [2009] NSWCA 158

Chen v Lym International; Chen v Marcolongo (No 2) [2009] NSWCA 158

The costs and complexities of appointing a receiver outweigh the immediate benefits given the imminent hearing of the appeal and potential for further complication and costs; therefore, the stay on enforcement continues pending further order, and no receiver is appointed.

Jurisdiction
Australia
Judgment Date
22 June 2009
Procedural Posture
Appeal / Interlocutory Application Pending Appeal
Outcome
Stay of judgment continued; no appointment of receiver ordered.
Legal Topics
['stay of Judgment' 'appointment of Receiver' 'costs']
['procedure' 'equity'] ['stay of Judgment' 'appointment of Receiver' 'costs']

Case Brief

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Procedural Posture

Appeal / Interlocutory Application Pending Appeal

Legal Issues

  1. 1 ['Whether a receiver should be appointed pending appeal' 'Whether stay of judgment should be maintained']

Ratio Decidendi

The costs and complexities of appointing a receiver outweigh the immediate benefits given the imminent hearing of the appeal and potential for further complication and costs; therefore, the stay on enforcement continues pending further order, and no receiver is appointed.

Court Disposition

Stay of judgment continued; no appointment of receiver ordered.

Orders

  • ['The stay ordered in each of these matters is continued until further order.']