Published 15 February 2017
Application for stay — Dimock’s Franchise Systems (NSW) Pty Limited v Bilgola Enterprises Limited (1999) 13 PRNZ 48 (CA) — Property (Relationships) Act 1976, ss 1N(b), 1M(c) and 19 . Application for stay of an earlier judgment was refused applying the principles in "Dimock's". In relation to the applicant's arguments about fairness between the parties the Judge noted that s 1M(c) does not provide for equal division and that in regards to property that is undivided (s 19), it must be shown that property is susceptible to a claim under the Act before the Court may prevent either party from freely dealing with the property. Section 1N(b) expects parties to prosecute litigation efficiently and the Court to achieve division "as speedily as is consistent with justice", the Judge notes that justice is already delayed and the overall balance of convenience lies in implementation of the orders. Judgment Date: 21 July 2016 .
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