Goldsmith v O'Brien

The applicant failed to provide full, frank, and clear evidence of risk of injustice or that the appeal would be stifled by enforcement; therefore, the application for a stay is dismissed.

Parties: Applicant: Jonathan Michael Goldsmith; Respondent: O'Brien
Jurisdiction: England and Wales
Judgment Date: 29 January 2015
Procedural Posture: Civil / Application for Stay of Enforcement Pending Appeal
Outcome: Application for stay dismissed
Legal Topics: Stay of Execution, Default Judgment, Appeal Procedure

Civil Procedure Stay of Execution Default Judgment Appeal Procedure

Case Brief

Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 2

Parties

Jonathan Michael Goldsmith

Applicant

O'Brien

Respondent

Procedural Posture

Civil / Application for Stay of Enforcement Pending Appeal

Legal Issues

1 Whether a stay of enforcement of a default judgment should be granted pending appeal
2 Whether the applicant provided sufficient evidence that enforcement would stifle the appeal

Ratio Decidendi

The applicant failed to provide full, frank, and clear evidence of risk of injustice or that the appeal would be stifled by enforcement; therefore, the application for a stay is dismissed.

Court Disposition

Application for stay dismissed

Orders

Application for stay of enforcement of default judgment dismissed
Application for stay of costs order dismissed