Nadinic v Cheryl Drinkwater as trustee for the Cheryl Drinkwater Trust

[2019] NSWCA 142

NSW Court of Appeal

View on CaseLaw

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Practice and Procedure
2. › Judgments and orders
3. › Stay of execution
4. › Stay pending appeal
5. › Whether significant risk money paid to respondent will be unable to be recovered without delay or difficulty if appeal succeeds
6. › Where undertakings offered by respondent

Quick Take

An undertaking by the respondent not to deal with specified assets pending appeal may adequately address the risk of irrecoverability and resolve a stay application in respect of money judgments, while orders for costs and discharge of mortgage may be separately stayed where no prejudice to the respondent is identified.