VENTURE INDUSTRIES PTY LIMITED v TRADE PRACTICES COMMISSION [1997] NSWCA 331

VENTURE INDUSTRIES PTY LIMITED v TRADE PRACTICES COMMISSION [1997] NSWCA 331

The application for a further adjournment is refused and, due to lack of supporting evidence and representation, the application for stay of execution is dismissed.

Parties
Claimant: Venture Industries Pty Limited; Claimant: Harry Kioussis; Claimant: Penelope (Penny) Kioussis; Opponent: Trade Practices Commission
Jurisdiction
Australia
Judgment Date
17 March 1997
Procedural Posture
Notice of Motion (application) / Application for Stay of Execution of Judgment
Outcome
Application dismissed
Legal Topics
Stay of Execution, Adjournment of Application, Costs
Civil Procedure Stay of Execution Adjournment of Application Costs

Case Brief

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Parties

Venture Industries Pty Limited

Claimant

Harry Kioussis

Claimant

Penelope (Penny) Kioussis

Claimant

Trade Practices Commission

Opponent

Procedural Posture

Notice of Motion (application) / Application for Stay of Execution of Judgment

Legal Issues

  1. 1 Whether a stay of execution of judgment should be granted
  2. 2 Whether the application should be further adjourned

Ratio Decidendi

The application for a further adjournment is refused and, due to lack of supporting evidence and representation, the application for stay of execution is dismissed.

Court Disposition

Application dismissed

Orders

  • The notice of motion filed on 11 February 1997 is dismissed.
  • The claimants are to pay the opponent's costs of the application.