Bodycorp Repairers Pty Ltd v Oakley Thompson & Co Pty Ltd

[2016] VSCA 19

Victorian Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Stay of proceedings
3. › Stay pending appeal
4. › Whether prejudice suffered by applicant if judgment not stayed
5. › Whether prejudice to respondent if execution not permitted
6. › Balance of convenience
7. › No special circumstances justifying departure from presumption against stay
1. Practice and Procedure
2. › Security for costs
3. › Application for security for costs of appeal
4. › Corporate applicant with no apparent material assets
5. › History of previous security for costs orders
6. › Supreme Court (General Civil Procedure) Rules 2015 (Vic), r 64.38(2)
7. › Corporations Act 2001 (Cth), s 1335(1)

Quick Take

A corporate applicant with no apparent material assets and a history of security for costs orders will be required to provide security for costs of an appeal, and a stay of the judgment below will be refused where the applicant's claim of prejudice is hypothetical and the respondent faces a real risk of being deprived of the fruits of its judgment.