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 ?
The court said the letter was strategically aimed at delaying the trial, designed as a subtle way of staying proceedings in the ongoing trial.
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.
14 to make orders dismissing counts, finding against a party or staying proceedings.
A different enquiry is undertaken by Australian courts to staying proceedings on forum non conveniens grounds.
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.
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.
99) Although the legislators were silent on the issue of forum non conveniens in the Brussels' instruments, the private international law experts of continental Europe maintained that staying proceedings in accordance with the doctrine was incompatible with the regime.
188) In light of this recommendation, and the inclusion of the Australian principle for staying proceedings in Article 22 of the Interim Text, it is essential to compare the clearly inappropriate forum' and the 'more appropriate forum' tests in the context of the proposed judgments treaty.
Walker warns, though, that the higher threshold set by the Article 22 system for staying proceedings could foster discontent between the courts of different jurisdictions.