Staying proceedings

STAYING PROCEEDINGS. The suspension of an action.
     2. Proceedings are stayed absolutely or conditionally.
     3.-1. They are peremptorily stayed when the plaintiff is wholly incapacitated from suing; as, for example, when the plaintiff is not the holder, nor beneficially interested in a bill on which he has brought his action; 2 Cr, & M. 416; 2 Dowl. 336; Chitty on Bills, 335; 3 Chitty, Pr. 628; or when the plaintiff admits in writing, that he has no cause of action; 3 Chit. Prac. 370, 630; or when an action is brought contrary to good faith. Tidd's Prac. 515, 529, 1134; 3 Chit. Pr. 633.
     4.-2. Proceedings are sometimes stayed until some order of the court shall have been complied with; as, when the plaintiff resides in a foreign country, or in another estate, or is insolvent, and he has been ruled to give security for costs, the proceedings are stayed until such security shall be given; see Security for Costs; 3 Chit. Pr, 633, 635; or until the payment of costs in a, former action. 1 Chit. R. 195; 18 E. C. L. R. 64.

References in periodicals archive ?
Anichebe had announced his appearance on behalf of Uzodinma, but just as the plaintiff's counsel was about to make his submissions, Orizu interrupted and insisted that the court cannot proceed with the matter claiming that he was in possession of an order of the Court of Appeal staying proceedings.
Orizu said the court has no right to sit when he has an order of the Court of Appeal staying proceedings.
The gravity of the issues was also conveyed to Rangarajan by the district court's order staying proceedings in not only the first and second actions, but also in the fourth action.
Court of Appeals for the Sixth Circuit ruled in the cases consolidated before it that it (and not the district courts) had jurisdiction over the litigation, staying proceedings in the district courts.
It may be mentioned here that during previous hearing, the court had sought the verified copy of IHC decision staying proceedings against Ishaq Dar.
Such an agreement may be enforced by staying proceedings brought in
It remains to be seen how trial judges will apply the Court's admonition in Ahmad that they should lean toward fairness even at the cost of staying proceedings. Despite the Court's distinction between the greater availability of stays under section 38.14 than under the common law or the Charter, there is still a possibility that remedial deterrence will make trial judges reluctant to stay terrorism prosecutions because of concerns about lack of disclosure.
(44) Consequently, the risk of inconsistent decisions is not eliminated and a 'race to judgment' is created in which one forum is effectively obliged to recognise and enforce the first judgment rendered' in accordance with the principle of res judicata, (45) In addition, the doctrine of forum non conveniens is not applied uniformly as each common law jurisdiction imposes its own conditions on staying proceedings. (46) The different approaches, at times, vary considerably and require closer inspection.
In Oceanic Sun Line Shipping Co v Fay (68) and its sequel Voth, the High Court of Australia constructed a higher threshold than the Spiliada standard for staying proceedings on the ground of forum non conveniens.
Despite the Australian High Court's commitment to the Voth principles for staying proceedings in international litigation, (87) conflicts of jurisdiction within Australia are resolved in accordance with the 'more appropriate forum' test.
The point here is that there is nothing untoward in staying proceedings pending an interlocutory appeal, if the parties are serious about prosecuting the appeal and not just as a mean of stalling the case.
The court said the letter was strategically aimed at delaying the trial, designed as a subtle way of staying proceedings in the ongoing trial.