DUCKER v SMITH (No 1) [2010] NSWCA 247

The matter was stood over to allow the parties to consider their positions and to address the question of variation of the stay; costs of the day were reserved.

Jurisdiction: Australia
Judgment Date: 20 September 2010
Procedural Posture: Appeal / Interlocutory Application for Expedition and Variation of Stay Pending Appeal
Outcome: Matter stood over for further consideration; costs reserved.
Legal Topics: ['expedition of Appeal' 'stay of Orders Pending Appeal' 'variation of Stay']

['civil Procedure'] ['expedition of Appeal' 'stay of Orders Pending Appeal' 'variation of Stay']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Procedural Posture

Appeal / Interlocutory Application for Expedition and Variation of Stay Pending Appeal

Legal Issues

1 ['Whether the appeal hearing should be expedited' "Whether the stay of the primary judge's orders should be varied or removed"]

Ratio Decidendi

The matter was stood over to allow the parties to consider their positions and to address the question of variation of the stay; costs of the day were reserved.

Court Disposition

Matter stood over for further consideration; costs reserved.

Orders

['Matter stood over until 9.30am Monday, 27 September 2010 so that the question of the variation of the stay can be considered.' 'Costs of today are reserved.']