Question 4 (20 marks) Suppose Jerry Louis commence proceedings against and succeeds in his claims against both Australian Finance and Escrow Services Pty Ltd ('AFES') and Pan-Australia Brokers & Dealers Pty Ltd ('PanAussieDeals'). The court makes restitution and costs orders against AFES and PanAussieDeals in favour of Jerry. PanAussieDeals has decided to institute appeal proceedings. Martine Dean informs Jerry of PanAussieDeals' intention to appeal and formally requests Jerry to refrain from commencing any enforcement proceedings pending the outcome of the proposed appeal. Jerry refuses, believing that PanAussieDeals has little prospect of success.

(a) Discuss the justification, if any, for Jerry to refuse PanAussieDeals' request. A discussion of the prospects of success or otherwise of PanAussieDeals' proposed appeal is not required.

(b) Pending the filing of necessary papers to institute the appeal proceedings, discuss a procedure by which PanAussieDeals may prevent Jerry from enforcing the court orders. A discussion of the prospects of success or otherwise of PanAussieDeals' proposed procedure is not required.

(c) If appeal proceedings have already been instituted by PanAussieDeals, discuss whether your answer in (b) would be different, and if so, how