AUSTRALIAN CONSOLIDATED PRESS v BALTINOS [1995] NSWCA 28

AUSTRALIAN CONSOLIDATED PRESS v BALTINOS [1995] NSWCA 28

There are no sufficient grounds for granting a stay pending appeal; neither the respondent's alleged impecuniosity nor the existence of arguable grounds of appeal justify a stay.

Parties
Appellant: Australian Consolidated Press Ltd; Respondent: Baltinos
Jurisdiction
Australia
Judgment Date
28 August 1995
Procedural Posture
Civil / Interlocutory Application for Stay Pending Appeal
Outcome
Notice of motion dismissed with costs.
Legal Topics
Stay of Judgment, Public Interest, Imputations, Damages, Appeal
Defamation Stay of Judgment Public Interest Imputations Damages Appeal

Case Brief

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Parties

Australian Consolidated Press Ltd

Appellant

Baltinos

Respondent

Procedural Posture

Civil / Interlocutory Application for Stay Pending Appeal

Legal Issues

  1. 1 Whether a stay should be granted on judgment in a defamation case pending appeal.

Ratio Decidendi

There are no sufficient grounds for granting a stay pending appeal; neither the respondent's alleged impecuniosity nor the existence of arguable grounds of appeal justify a stay.

Court Disposition

Notice of motion dismissed with costs.

Orders

  • Notice of motion dismissed with costs.