DUGGAN v COMMONWEALTH BANK OF AUSTRALIA [1995] NSWCA 135
No relevant error has been shown in Mahoney JA's decision; a stay would unjustly penalise opponents with accumulating interest and there is no real prospect of recovery if the appeal fails; therefore, the application to discharge or vary the order must be refused.
- Parties
- Claimants: William Duggan and other claimants; First Opponent: Commonwealth Bank of Australia; Second Opponent: [Unnamed second opponent]
- Jurisdiction
- Australia
- Judgment Date
- 10 July 1995
- Procedural Posture
- Application to Discharge or Vary Order / Court of Appeal Review of Single Judge's Procedural Order
- Outcome
- Application dismissed
- Legal Topics
- Discharge or Variation of Orders, Stay of Execution, Appellate Procedure
Case Brief
Summary, issues, holding and outcome
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Parties
William Duggan and other claimants
Claimants
Commonwealth Bank of Australia
First Opponent
[Unnamed second opponent]
Second Opponent
Procedural Posture
Application to Discharge or Vary Order / Court of Appeal Review of Single Judge's Procedural Order
Legal Issues
- 1 Whether the order of Mahoney JA refusing a stay of execution should be discharged or varied under s46(4) of the Supreme Court Act 1970
Ratio Decidendi
No relevant error has been shown in Mahoney JA's decision; a stay would unjustly penalise opponents with accumulating interest and there is no real prospect of recovery if the appeal fails; therefore, the application to discharge or vary the order must be refused.
Court Disposition
Application dismissed
Orders
- The application to discharge or vary the judgment of Mahoney JA is dismissed.
- The claimants pay the opponents' costs.
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