M & W Zaki Pty Ltd v MindChamps Preschool Ltd

[2022] NSWCA 140

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Appeals
3. › Stay of execution
4. › Whether judgment sum should be paid into court
5. › Respondent a listed company based in Singapore
6. › No local assets against which execution readily available
7. › Risk of expense and inconvenience if necessary to enforce NSW judgment in Singapore
8. › No evidence of any prejudice
9. › Applicant proffering expedited appeal

Quick Take

A stay of execution may be granted where the judgment creditor is a foreign company with no readily identifiable local assets, based on the risk of inconvenience and expense of enforcing a restitutionary judgment overseas, particularly where there is no evidence of prejudice to the judgment creditor and the applicant proffers payment into court and an expedited appeal.