CHIOATTO v SANDONA [2004] NSWSC 629

CHIOATTO v SANDONA [2004] NSWSC 629

Where a discrete and undisputed component of a Local Court judgment is not in issue on appeal, the Supreme Court may dissolve the stay to the extent of that sum so that the judgment creditor may access the fruits of the judgment for that portion.

Jurisdiction
Australia
Judgment Date
06 July 2004
Procedural Posture
Notice of Motion Regarding Stay Pending Appeal / Interlocutory Motion in Appeal to Supreme Court
Outcome
Stay dissolved to the extent of $10,000 principal; respondent to pay applicant's costs of the motion.
Legal Topics
['stay of Judgment Pending Appeal' 'partial Dissolution of Stay' 'appeal From Local Court']
['civil Procedure'] ['stay of Judgment Pending Appeal' 'partial Dissolution of Stay' 'appeal From Local Court']

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Procedural Posture

Notice of Motion Regarding Stay Pending Appeal / Interlocutory Motion in Appeal to Supreme Court

Legal Issues

  1. 1 ['Whether the stay of a Local Court judgment should be dissolved to the extent of the principal sum not in issue on appeal' 'Effect of undisputed liability for principal sum on stay of execution']

Ratio Decidendi

Where a discrete and undisputed component of a Local Court judgment is not in issue on appeal, the Supreme Court may dissolve the stay to the extent of that sum so that the judgment creditor may access the fruits of the judgment for that portion.

Court Disposition

Stay dissolved to the extent of $10,000 principal; respondent to pay applicant's costs of the motion.

Orders

  • ['Pursuant to s 69(5) of the Local Courts (Civil Claims) Act 1970 the stay of the judgment of orders made on 2 June 2004 by the Local Court pending the determination of the appeal be dissolved only to the extent of the sum of $10,000, being the principal sum referred to in par 3 of the statement under SCR Pt 51A and...