Dogra v Dogra (No 3) [2024] NSWCA 208

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Dogra v Dogra (No 3) [2024] NSWCA 208 Hearing dates: 19 August 2024 Date of orders: 19 August 2024 Decision date: 19 August 2024 Before: Griffiths AJA Decision: In respect of the appellant's notice of motion filed 12 August 2024, order that: 1. Order 4 of the orders made by Lindsay J on 22 December 2023 be stayed until 21 days after the determination of the appeal in these proceedings or until further order. 2. The judgment/order of the District Court of New South Wales, Sydney Registry, Proceedings No. 2024/00275250 issued on 26 July 2024 be stayed until 21 days after the determination of the appeal in these proceedings or until further order. 3. Costs of the motion be costs in the appeal. In respect of the second respondent's notice of motion dated 14 August 2024, order that: 1. Upon the giving of an undertaking by the solicitor of the second respondent to bear any costs of filing, the notice of motion dated 14 August 2024 be filed in Court. 2. Order 4 of the orders made by Lindsay J on 22 December 2023 be stayed until 21 days after the determination of the appeal in these proceedings or until further order. 3. The judgment/order of the District Court of New South Wales, Sydney Registry, Proceedings No. 2024/00275250 issued on 26 July 2024 be stayed until 21 days after the determination of the appeal in these proceedings or until further order. 4. Costs of the motion be costs in the appeal. Catchwords: APPEALS – procedure – stay pending appeal – where bankruptcy notices issued against appellant and second respondent in respect of costs order made below – whether risk that enforcement of costs order would stultify appeal and cross-appeal Legislation Cited: Bankruptcy Act 1966 (Cth), ss 40(1)(g), 41(6A)(a), 60(2) Cases Cited: Alexander v Cambridge Credit Corporation Ltd (receivers appointed) (1985) 2 NSWLR 685 City Garden Australia Pty Ltd (subject to deed of company arrangement) as trustee for the Ming Tian City Garden Unit Trust v Gemi 130 Pty Ltd [2024] NSWCA 139 Dogra v Dogra [2024] NSWCA 127 Dogra v Dogra (No 2) [2024] NSWCA 154 Fox v Percy (2003) 214 CLR 118; [2003] HCA 22 Kairouz v Jasper Nominees Ltd [2024] VSCA 68 McBride v Sandland (No 2) (1918) 25 CLR 369; [1918] HCA 59 Michael Hill Jeweller (Australia) Pty Ltd v Gispac Pty Ltd [2024] NSWCA 128 Porges v Adcock Private Equity Pty Ltd [2018] NSWCA 285 Shade Systems Pty Ltd v Probuild Constructions (Aust) Pty Ltd [2016] NSWCA 234 Sharpe v W H Bailey & Sons Pty Ltd [2014] FCA 921 Texts Cited: Nil Category: Procedural rulings Parties: Aruna Dogra (Appellant) Mamta Dogra (First Respondent) Kapil Dogra (Second Respondent) Representation: Counsel: C D Freeman (Appellant) D O'Dea (sol) (First Respondent) L Katsinas (Second Respondent)