Challenge Charter Pty Ltd & Anor v Curtain Bros (Qld) Pty Ltd & Ors

(2004) 9 VR 382; [2004] VSCA 66

Victorian Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Stay pending appeal
3. › Special or exceptional circumstances
4. › Threat of liquidation of appellant
5. › Whether liquidation is decisive factor
6. › Weight to be given to threat of liquidation varying from case to case
1. Appeal
2. › Security for costs
3. › Special circumstances
4. › Impecuniosity of appellant
5. › Quantum of security
1. Practice and Procedure
2. › Stay of execution
3. › Conditions of stay
4. › Payment of judgment sum into trust account
5. › Offer to provide security for costs

Quick Take

The threat of liquidation of an appellant company is not a decisive or automatic ground for a stay of judgment pending appeal; its relevance and weight vary from case to case. Where the company has no significant business or assets, the threat carries little weight because a liquidator can evaluate and pursue the appeal. The NSWCA decision in Kalifair v Digi-Tech should not be treated as announcing a black and white rule on this issue.