DONALD CAMPBELL-SMITH as executor of the estate of MARTIN PAUL BANNING v GRAEME TREVOR LEAN (in his capacity as receiver)

[2018] WASCA 77

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Stay of proceedings
3. › Stay pending appeal
4. › Application for stay of monetary judgment
5. › Whether appeal rendered nugatory
6. › Whether appellants likely to be made bankrupt and wound up if no stay ordered
7. › Whether special circumstances exist
8. › Balance of convenience

Quick Take

An appeal will likely be rendered nugatory where the appellant lacks the means to pay the judgment sum and faces bankruptcy or winding-up proceedings, particularly where the complexity of the underlying litigation would make it difficult for a trustee or liquidator to continue the appeal. The balance of convenience may favour a stay where the respondent has delayed in enforcing orders and holds security for costs.