Recent Cases

Misan v Markham Real Estate Partners (KSW) Pty Ltd [2022] NSWCA 154 (11 August 2022) (Leeming JA)


Catchwords:


PRACTICE – appeals – stay of execution – whether appellant had made out appropriate case for a stay – appeal brought promptly – whether appeal reasonably arguable – undertaking not to sell or encumber real property – whether judgment substantially exceeded appellant’s assets – where respondent threatened to execute judgment – where respondent had in breach of inter partes agreement taken steps to levy execution – stay ordered on appellant’s undertaking