Beau Vallon Properties Limited v Philippe Cointy (MA 307/2019) [2020] SCSC 426 (21 January 2020)

Beau Vallon Properties Limited v Philippe Cointy (MA 307/2019) [2020] SCSC 426 (21 January 2020)

The applicant failed to demonstrate substantial loss, special circumstances, or that the appeal would be rendered nugatory without a stay. The grounds of appeal did not indicate any reasonable chance of success, and the bank guarantee offered was revocable and did not assist the respondent. Therefore, there was no sustainable ground to support a stay of execution pending appeal.

Citation
[2020] SCSC 426
Parties
Applicant: Beau Vallon Properties Limited; Respondent: Philippe Cointy
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
21 January 2020
Case Number
MA 307/2019
Procedural Posture
Application for Stay of Execution Pending Appeal / Ruling on Application for Stay of Execution
Outcome
Application for stay of execution dismissed with costs to the respondent.
Legal Topics
Stay of Execution, Appeal, Employment Tribunal Procedure, Legal Representation
Source Language
English
Civil Procedure Employment Law Stay of Execution Appeal Employment Tribunal Procedure Legal Representation

Case Brief

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Parties

Beau Vallon Properties Limited

Applicant

Philippe Cointy

Respondent

Procedural Posture

Application for Stay of Execution Pending Appeal / Ruling on Application for Stay of Execution

Legal Issues

  1. 1 Whether the applicant is entitled to a stay of execution of the Employment Tribunal's award pending appeal
  2. 2 Whether the applicant has demonstrated substantial loss, special circumstances, or a substantial question of law justifying a stay
  3. 3 Whether the applicant's grounds of appeal have reasonable prospects of success

Ratio Decidendi

The applicant failed to demonstrate substantial loss, special circumstances, or that the appeal would be rendered nugatory without a stay. The grounds of appeal did not indicate any reasonable chance of success, and the bank guarantee offered was revocable and did not assist the respondent. Therefore, there was no sustainable ground to support a stay of execution pending appeal.

Court Disposition

Application for stay of execution dismissed with costs to the respondent.

Orders

  • Application for stay of execution is dismissed.
  • Costs awarded to the respondent.