Question 4:

Suppose Ravy commence proceedings against and succeeds in his claims against bothAustralian Credit Union Pty Ltd (ACU)and OzeBrokers. The court makes restitution and costs orders against ACU and OzeBrokers in favour of Ravy. OzeBrokers has decided to institute appeal proceedings. Gwendoline informs Ravy of OzeBrokers' intention to appeal and formally requests Ravy to refrain from commencing any enforcement proceedings pending the outcome of the proposed appeal. Ravy refuses, believing that OzeBrokers has little prospect of success.

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

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

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