Citation: [2018] VSCA 12
Robert Fenwick Elliott successfully acted for the applicant in the Supreme Court of Victoria Court of Appeal in Melbourne, Australia on 1 February 2018.
The applicant applied for a stay of execution following a money judgment against them. In Victoria this requires ‘special’ or ‘exceptional’ circumstances to be shown. In this case, the special or exceptional circumstance was that the plaintiff had obtained litigation funding and charged the proceeds of the litigation to the funder. The Court accepted Robert Fenwick Elliott’s argument that this justified granting a stay because the judgment sum, if paid, would immediately be dissipated and effectively be beyond the recall of the court, rendering an appeal nugatory.