PAN ASIA INTERNATIONAL GROUP PTY LTD v KEZARNE PTY LTD [1998] NSWCA 168

PAN ASIA INTERNATIONAL GROUP PTY LTD v KEZARNE PTY LTD [1998] NSWCA 168

The claimant failed to satisfy the Court on the evidence that the first opponent was incapable of repaying the judgment sum (or any reduced judgment sum) if the appeal was successful; evidence of cash flow problems alone was insufficient to order a stay.

Parties
Claimant: Pan Asia International Group Pty Ltd; First Opponent: Kezarne Pty Ltd; Second Opponent: Mr Akbarian
Jurisdiction
Australia
Judgment Date
15 September 1998
Procedural Posture
Application for Stay Pending Appeal / Court of Appeal Judgment on Stay Application
Outcome
Notice of motion dismissed with costs
Legal Topics
Stay of Judgment, Natural Justice, Appeal Procedure, Building Contract Disputes
Civil Procedure Stay of Judgment Natural Justice Appeal Procedure Building Contract Disputes

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Parties

Pan Asia International Group Pty Ltd

Claimant

Kezarne Pty Ltd

First Opponent

Mr Akbarian

Second Opponent

Procedural Posture

Application for Stay Pending Appeal / Court of Appeal Judgment on Stay Application

Legal Issues

  1. 1 Whether a stay of judgment should be granted pending appeal
  2. 2 Whether there is sufficient evidence of the first opponent's financial incapacity to repay the judgment sum if appeal succeeds

Ratio Decidendi

The claimant failed to satisfy the Court on the evidence that the first opponent was incapable of repaying the judgment sum (or any reduced judgment sum) if the appeal was successful; evidence of cash flow problems alone was insufficient to order a stay.

Court Disposition

Notice of motion dismissed with costs

Orders

  • The application for a stay is dismissed with costs.
  • If expedition of the appeal is sought, it should be referred to the expedition judge to be dealt with in the normal course.