Ribbera v Eagle Fuels Pty Ltd

[2014] VSCA 173

Victorian Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Stay of execution
3. › Stay pending appeal
4. › Principles governing discretion to grant stay
5. › Onus on applicant
6. › Whether risk judgment could not be restored if appeal succeeds
7. › Whether prospects of success demonstrated
8. › Supreme Court (General Civil Procedure) Rules 2005 (Vic), r 64.25(a)
1. Practice and Procedure
2. › Security for costs
3. › Security for costs of appeal
4. › Principles governing discretion
5. › Prospects of success
6. › Risk adverse costs order not satisfied
7. › Whether order would stifle reasonably arguable appeal
8. › Whether impecuniosity arose from conduct complained of

Quick Take

The case provides a convenient restatement of the six principles governing applications for a stay of execution pending appeal and the six considerations relevant to security for costs applications in the Victorian Court of Appeal. An applicant for a stay who has not explained significant deterioration in their financial position or contradictions in their evidence about asset ownership will not discharge the onus of demonstrating a stay is justified.