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ASEA 1 P/L (ACN 632 241 724) v Rudyard P/L (ACN 605 072 115) [2020] VSCA 122

PRACTICE AND PROCEDURE
Victorian Court of Appeal
Judge(s): 
Kaye and McLeish JJA
Parties: 

ASEA 1 P/L (ACN 632 241 724) v Rudyard P/L (ACN 605 072 115)

Judgment Date: 
13 May 2020
Catchwords: 

PRACTICE AND PROCEDURE - Application for a stay of execution of judgment - No material risk that appeal rendered nugatory in absence of a stay - Refusal of a stay would not result in discontinuance of appeal - Respondent entitled to benefit of judgment - Application for a stay refused - Supreme Court (General Civil Procedure) Rules 2015 rr 64.39 and 66.16.

PRACTICE AND PROCEDURE - Costs - Application by respondent for security for costs - Real risk that costs order would not be satisfied - Security for costs would not result in discontinuance - Applicant ordered to provide security for costs in the amount of $35,000 - Supreme Court (General Civil Procedure) Rules 2015 r 64.38(2) - Australian Dream Homes Pty Ltd v Stojanovski [2016] VSCA 38, Timbercorp Finance Pty Ltd (in liq) v Tomes [2015] VSCA 322, Jafari v 23 Developments Pty Ltd [2019] VSCA 16 referred to.

Citation: