Where a judgment is entered against joint tortfeasors and one appeals, the court may stay the entire judgment (including enforcement against the non-appealing tortfeasor) where the plaintiff's financial circumstances create a risk that restitution could not be obtained if the appeal succeeds. The court has jurisdiction under s 67 of the Civil Procedure Act 2005 (NSW) and UCPR r 51.44 to grant a temporary stay to a party that has not yet filed a notice of appeal, contingent on filing within a directed time.
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