Land Enviro Corp Pty Ltd v Hickie

[2014] NSWCA 363

NSW Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Application for leave to appeal
3. › Interlocutory orders
4. › Stay of costs orders pending special leave application
5. › Whether application moot where special leave refused
6. › Whether leave should be granted
1. Practice and Procedure
2. › Stay of proceedings
3. › Stay of costs orders
4. › Whether impecuniosity and pending related proceedings justify stay of undisputed costs orders confirmed on appeal

Quick Take

An application for leave to appeal from a refusal to stay costs orders will be dismissed where the event the stay was intended to preserve (here, a special leave application) has been determined adversely. Impecuniosity and the pendency of related proceedings against other parties do not justify staying undisputed costs orders confirmed on appeal.

Case Details

Citation[2014] NSWCA 363

CourtNSWCA

JurisdictionNew South Wales

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Relies on5

2014In the matter of Amy Holdings Pty Ltd; In the matter of Land Enviro CorpNSWSC 1176
2014Hickie v Land Enviro Corp Pty LtdNSWSC 472
2014Land Enviro Corp Pty Ltd v HTT Huntley Heritage Pty LtdNSWCA 34
2013Land Enviro Corp Pty Ltd v HTT Huntley Heritage Pty LtdNSWCA 35
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