Super Vision Resources Ltd BVI Registered No 1810534 v AC Holdings Co Pty Ltd (No 3)

[2021] NSWCA 70

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Appeals
3. › Stay of execution
4. › Stay pending application for special leave to appeal to High Court
5. › Whether stay required to preserve subject matter of litigation
6. › Effect of trustee in bankruptcy's undertaking not to distribute funds
1. Practice and Procedure
2. › Appeals
3. › Stay of execution
4. › Costs of unsuccessful stay application
5. › Whether costs should be 'costs in the cause in the High Court'

Quick Take

An undertaking by the party receiving funds not to distribute or deal with them may eliminate the need for a stay pending a special leave application, and pressing a stay application after such an undertaking is given may result in an adverse costs order.

Case Details

Citation[2021] NSWCA 70

CourtNSWCA

JurisdictionNew South Wales

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Relies on5

2021Super Vision Resources Ltd v AC Holdings Co Pty Ltd (No 2)NSWCA 14
2020Super Vision Resources Ltd BVI Registered No 1810534 v AC Holdings Co Pty LtdNSWCA 319
2020Super Vision Resources Ltd v AC Holdings Co Pty LtdNSWSC 65
2012Rinehart v WelkerNSWCA 1
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