Snell v Glatis [2020] NSWCA 78

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Snell v Glatis [2020] NSWCA 78 Hearing dates: 20 April 2020 Date of orders: 24 April 2020 Decision date: 24 April 2020 Before: Basten JA Decision: (1) Stay the enforcement of orders (4) and (7)-(14) made by Rees J on 27 November 2019 until the determination of the appeal, subject to the following conditions: (a) the first appellant not remove from Australia or dispose of, deal with or diminish the value of, any assets owned by him in Australia without the prior written consent of the respondents, except for the purposes of: (i) paying ordinary living expenses; (ii) paying reasonable legal expenses; (iii) paying reasonable medical expenses.

(2) The costs of the motion be the respondents' costs in the appeal.

(3) Each party have liberty to apply to vary these orders on three days' notice. Catchwords: PRACTICE AND PROCEDURE – stay of judgment pending appeal – capacity of appellant to pay debt –net worth in illiquid form – liquidation of personal assets during COVID-19 pandemic – short delay pending hearing of appeal – creditor a US citizen – stay of buy-out orders – conditions of stay Category: Procedural and other rulings Parties: Keith Eddy Snell (First Appellant) Owen Francis Cully (Second Appellant) Scientific Management Associates Pty Ltd (Third Appellant) Scientific Management Associates (Australia) Pty Ltd (Fourth Appellant) Scientific Management Associates (Victoria) Pty Ltd (Fifth Appellant) Scientific Management Associates (Operations) Pty Ltd (Sixth Appellant)