HOWELL v HAINES [1993] NSWCA 138

HOWELL v HAINES [1993] NSWCA 138

A stay was granted until 6 September 1993 and thereafter only if the applicant provided security for $12,000, as the refusal of a stay could potentially frustrate the applicant's right to appeal due to impecuniosity and pending bankruptcy, but the stay was contingent on protecting the respondent's interest in securing costs given the likelihood of non-payment.

Parties
Claimant: Howell; Opponent: Haines
Jurisdiction
Australia
Judgment Date
09 August 1993
Procedural Posture
Application for Stay of Execution / Interlocutory Application Pending Appeal
Outcome
Stay granted conditionally; expedition refused; costs in the appeal
Legal Topics
Stay of Execution, Security for Costs, Appeal Procedure, Expedition of Hearing
Defamation Stay of Execution Security for Costs Appeal Procedure Expedition of Hearing

Case Brief

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Parties

Howell

Claimant

Haines

Opponent

Procedural Posture

Application for Stay of Execution / Interlocutory Application Pending Appeal

Legal Issues

  1. 1 Whether a stay of execution should be granted pending appeal
  2. 2 Whether security for costs should be ordered as a condition of a stay
  3. 3 Whether the appeal should be expedited

Ratio Decidendi

A stay was granted until 6 September 1993 and thereafter only if the applicant provided security for $12,000, as the refusal of a stay could potentially frustrate the applicant's right to appeal due to impecuniosity and pending bankruptcy, but the stay was contingent on protecting the respondent's interest in securing costs given the likelihood of non-payment.

Court Disposition

Stay granted conditionally; expedition refused; costs in the appeal

Orders

  • Expedition refused.
  • A stay is granted until 6 September 1993. That stay will continue thereafter until the disposition of the appeal or further order only if the opponent has lodged security in the sum of $12,000 before 6 September.