Vesuvius Australia Pty Ltd v V & M Davidovic Pty Ltd [2011] NSWSC 573

Vesuvius Australia Pty Ltd v V & M Davidovic Pty Ltd [2011] NSWSC 573

In the circumstances, a short stay until 24 June 2011 is appropriate to give the defendant an opportunity to obtain legal advice in respect of the judgment on release of the security deposit.

Parties
Plaintiff/first Cross Defendant: Vesuvius Australia Pty Ltd; First Defendant/cross Claimant: V & M Davidovic Pty Ltd; Second Cross Defendant: Paul Armitage
Jurisdiction
Australia
Judgment Date
14 June 2011
Procedural Posture
Equity Proceeding / Post Judgment Application for Stay of Order
Outcome
Order 6 made on 9 June 2011 stayed until 4pm on 24 June 2011.
Legal Topics
Stay of Execution, Procedural Orders, Security Deposit Release
Equity Stay of Execution Procedural Orders Security Deposit Release

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Parties

Vesuvius Australia Pty Ltd

Plaintiff/first Cross Defendant

V & M Davidovic Pty Ltd

First Defendant/cross Claimant

Paul Armitage

Second Cross Defendant

Procedural Posture

Equity Proceeding / Post Judgment Application for Stay of Order

Legal Issues

  1. 1 Whether order for release of security deposit should be stayed for a short period

Ratio Decidendi

In the circumstances, a short stay until 24 June 2011 is appropriate to give the defendant an opportunity to obtain legal advice in respect of the judgment on release of the security deposit.

Court Disposition

Order 6 made on 9 June 2011 stayed until 4pm on 24 June 2011.

Orders

  • Order 6 made on 9 June 2011 be stayed until 4pm on 24 June 2011.