Stay pending appeal

Boral Ltd v Foley & Bear Pty Ltd trading as J&R Industries [2015] NSWCA 360 The principles applicable to the grant of a stay were conveniently summarised by Gleeson JA in Lawrence v Gunner [2015] NSWCA 322 as follows: “11   A successful party is prima facie...

Stay of execution of judgment pending appeal

Lockhart Shire Council v. King [2005] NSWCA 236   1 HANDLEY JA: I agree with Hodgson JA but wish to add some supplementary remarks of my own. 2 In my opinion the trial judge should not have required the appellant to pay part of the judgment as a condition of the stay...