ABIGROUP LTD v SANDTARA PTY LTD; ABIGNANO v ABIGROUP LTD; WENKART v PITMAN [1997] NSWCA 6

ABIGROUP LTD v SANDTARA PTY LTD; ABIGNANO v ABIGROUP LTD; WENKART v PITMAN [1997] NSWCA 6

There was no sufficient reason or proper basis advanced to justify stays in favour of Abigroup or Abignano under the relevant principles; the orders granting such stays were therefore set aside.

Parties
Applicant: Abigroup Ltd; Respondent: Sandtara Pty Ltd; Applicant: Abignano / Genallco Pty Ltd / Gennaro Abignano; Respondent: Allan Pitman; Respondent: Thomas Richard Wenkart; Other: Cenrin Pty Ltd
Jurisdiction
Australia
Judgment Date
17 December 1997
Procedural Posture
Review/summons for Stay of Judgment / Review of Single Judge's Orders (stay Applications) by Court of Appeal
Outcome
Orders of Stein JA granting stays in favour of Abigroup and Abignano set aside; summonses for stay dismissed; applicants to pay costs.
Legal Topics
Stay of Judgment, Indemnity, Guarantee, Mitigation of Loss
Civil Procedure Contracts Stay of Judgment Indemnity Guarantee Mitigation of Loss

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Parties

Abigroup Ltd

Applicant

Sandtara Pty Ltd

Respondent

Abignano / Genallco Pty Ltd / Gennaro Abignano

Applicant

Allan Pitman

Respondent

Thomas Richard Wenkart

Respondent

Cenrin Pty Ltd

Other

Procedural Posture

Review/summons for Stay of Judgment / Review of Single Judge's Orders (stay Applications) by Court of Appeal

Legal Issues

  1. 1 Whether the orders granting stays against Abigroup Ltd and Abignano by Stein JA should be set aside
  2. 2 What principles guide the grant of a stay after judgment
  3. 3 Whether the applicants demonstrated a proper basis for the grant of a stay

Ratio Decidendi

There was no sufficient reason or proper basis advanced to justify stays in favour of Abigroup or Abignano under the relevant principles; the orders granting such stays were therefore set aside.

Court Disposition

Orders of Stein JA granting stays in favour of Abigroup and Abignano set aside; summonses for stay dismissed; applicants to pay costs.

Orders

  • Orders of Stein JA dated 28 October 1997 set aside (for both Abigroup Ltd v Sandtara Pty Ltd and Abignano v Abigroup Ltd)
  • Summons for stay dismissed (in each matter)