AUSTRALIAN RACING DRIVERS' CLUB LTD v GRICE [1998] NSWCA 26

AUSTRALIAN RACING DRIVERS' CLUB LTD v GRICE [1998] NSWCA 26

The applicant did not establish special circumstances or sufficiently strong reason to interfere with the ordinary course of allowing enforcement of the judgment pending appeal. No offer or application for provision of security was made, and the practicalities argued by the applicant did not outweigh the...

Source-derived case information.

Parties
Applicant: Australian Racing Drivers' Club Ltd; Respondent: Mr Grice; Other Defendant: Alfa Romeo (Australia) Pty Ltd; Other Defendant: Mr Longhurst
Jurisdiction
Australia
Judgment Date
23 March 1998
Procedural Posture
Motion for Stay of Execution / Post Judgment, Pending Appeal
Outcome
application for stay dismissed
Legal Topics
Stay of Execution, Judgment Enforcement, Costs Assessments
Civil Procedure Stay of Execution Judgment Enforcement Costs Assessments

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Parties

Australian Racing Drivers' Club Ltd

Applicant

Mr Grice

Respondent

Alfa Romeo (Australia) Pty Ltd

Other Defendant

Mr Longhurst

Other Defendant

Procedural Posture

Motion for Stay of Execution / Post Judgment, Pending Appeal

Legal Issues

  1. 1 Whether special circumstances exist to warrant granting a stay of execution pending appeal
  2. 2 Whether provision of security should influence the grant of a stay
  3. 3 Convenience and practicality in delaying execution

Ratio Decidendi

The applicant did not establish special circumstances or sufficiently strong reason to interfere with the ordinary course of allowing enforcement of the judgment pending appeal. No offer or application for provision of security was made, and the practicalities argued by the applicant did not outweigh the respondent’s entitlement.

Court Disposition

application for stay dismissed

Orders

  • Application for stay dismissed with costs.