MANGRAVITI AND ANOR v TRIDEN CORPORATION LTD [1998] NSWCA 135

MANGRAVITI AND ANOR v TRIDEN CORPORATION LTD [1998] NSWCA 135

The application for a stay is refused because the grounds of appeal are not particularly strong and the primary judge's discretion was properly exercised; the inconvenience caused by possible bankruptcy is not in itself sufficient for a stay.

Parties
Claimant/appellant: Mangraviti; Opponent/respondent: Triden Corporation Ltd
Jurisdiction
Australia
Judgment Date
23 February 1998
Procedural Posture
Application for Stay / Interlocutory Application Pending Appeal
Outcome
Application for stay refused with costs
Legal Topics
Stay of Execution, Bankruptcy Proceedings, Appeal Grounds, Discretion in Costs Assessment
Civil Procedure Stay of Execution Bankruptcy Proceedings Appeal Grounds Discretion in Costs Assessment

Case Brief

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Parties

Mangraviti

Claimant/appellant

Triden Corporation Ltd

Opponent/respondent

Procedural Posture

Application for Stay / Interlocutory Application Pending Appeal

Legal Issues

  1. 1 Whether to grant a stay of the costs assessor's order pending appeal
  2. 2 Whether the appeal had sufficient strength to warrant a stay
  3. 3 Effect of potential bankruptcy on ability to prosecute the appeal

Ratio Decidendi

The application for a stay is refused because the grounds of appeal are not particularly strong and the primary judge's discretion was properly exercised; the inconvenience caused by possible bankruptcy is not in itself sufficient for a stay.

Court Disposition

Application for stay refused with costs

Orders

  • Application refused
  • Applicant to pay the costs of the application