Gangemi v Osborne & Anor [2008] VSCA 221 (6 November 2008) – Bankruptcy & stay of execution

December 1, 2008

It is quite common for an appellant to seek a stay of execution of a judgment pending resolution of an appeal.  It is surprising that many litigants ( and, I suspect, their legal representatives) believe that lodging an appeal constitutes a stay of execution and then the presumption is in favour of such a stay.  The contrary is the case. Read the rest of this entry »