Bata v Pathik

[2025] VSCA 156

Victorian Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Appeal
3. › Stay of execution of judgment debt
4. › Principles governing stay applications
5. › Whether special or exceptional circumstances exist
6. › Whether sale of family home to meet judgment debt constitutes special circumstances
7. › Whether family home must be subject matter of proceedings
8. › Insufficient evidence of financial position
9. › Lack of candour
10. › Supreme Court (General Civil Procedure) Rules 2015 (Vic), r 64.39
1. Practice and Procedure
2. › Appeal
3. › Stay of execution of judgment debt
4. › Whether appeal stifled by risk of bankruptcy
5. › Whether service of bankruptcy notice sufficient special circumstances
6. › Whether insufficient evidence of financial position to conclude real likelihood of bankruptcy
7. › Supreme Court (General Civil Procedure) Rules 2015 (Vic), r 64.39
1. Practice and Procedure
2. › Appeal
3. › Security for costs of appeal
4. › Whether financial position of applicant 'problematic'
5. › Whether unacceptable risk of non-satisfaction of costs order
6. › Whether order for security would stultify or stifle appeal
7. › Evidence of access to undisclosed third party funds
8. › Supreme Court (General Civil Procedure) Rules 2015 (Vic), r 64.38(4)

Quick Take

The potential sale of a family home to meet a judgment debt may be relevant to a stay application even where the family home is not the subject matter of the proceedings, but this fact alone cannot constitute special circumstances; applicants must provide comprehensive and candid evidence of their financial position, medical condition, and inability to obtain alternative accommodation.