COLLINGS CONSTRUCTION CO PTY LTD and ANOR v AUSTRALIAN COMPETITION AND CONSUMER COMMISSION [1997] NSWCA 69

COLLINGS CONSTRUCTION CO PTY LTD and ANOR v AUSTRALIAN COMPETITION AND CONSUMER COMMISSION [1997] NSWCA 69

The court refused the motion for a stay as the claimants had not established persuasive grounds for a stay, particularly given the compelling nature of the liability evidence, failure to prosecute the appeal diligently, and insufficient steps to raise the required amount for the conditional stay.

Parties
Claimant: Collings Construction Co Pty Ltd; Claimant: Wayne Collings; Respondent: Australian Competition & Consumer Commission
Jurisdiction
Australia
Judgment Date
14 April 1997
Procedural Posture
Application for Stay of Enforcement of Judgment / Appellate Court Consideration of Stay Application
Outcome
motion for stay refused with costs
Legal Topics
Stay of Enforcement, Conditional Stay, Trade Practices Act, Judgment Enforcement
Civil Procedure Competition Law Stay of Enforcement Conditional Stay Trade Practices Act Judgment Enforcement

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 4
Sign in to unlock

Parties

Collings Construction Co Pty Ltd

Claimant

Wayne Collings

Claimant

Australian Competition & Consumer Commission

Respondent

Procedural Posture

Application for Stay of Enforcement of Judgment / Appellate Court Consideration of Stay Application

Legal Issues

  1. 1 Whether a stay of enforcement of judgment should be granted pending appeal
  2. 2 Whether conditions for granting a stay exist in the circumstances

Ratio Decidendi

The court refused the motion for a stay as the claimants had not established persuasive grounds for a stay, particularly given the compelling nature of the liability evidence, failure to prosecute the appeal diligently, and insufficient steps to raise the required amount for the conditional stay.

Court Disposition

motion for stay refused with costs

Orders

  • The motion for stay is refused.
  • The applicants are to pay the costs.