GARUDA INDONESIAN AIRWAYS v BACKER SPIELVOGEL BATES LIMITED [1995] NSWCA 164

GARUDA INDONESIAN AIRWAYS v BACKER SPIELVOGEL BATES LIMITED [1995] NSWCA 164

The applicant failed to establish any sufficient ground for a stay of judgment. There was no substantial material suggesting the respondent could not repay if required, and no strong prospects of success on appeal were demonstrated.

Parties
Claimant: Garuda Indonesian Airways; Respondent: Backer Spielvogel Bates Limited
Jurisdiction
Australia
Judgment Date
04 September 1995
Procedural Posture
Application for Stay of Judgment / Application for Stay Pending Appeal
Outcome
Application for stay of judgment dismissed with costs
Legal Topics
Stay of Judgment, Interest on Judgment Debt, Oral Agreements
Contract Law Civil Procedure Stay of Judgment Interest on Judgment Debt Oral Agreements

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Parties

Garuda Indonesian Airways

Claimant

Backer Spielvogel Bates Limited

Respondent

Procedural Posture

Application for Stay of Judgment / Application for Stay Pending Appeal

Legal Issues

  1. 1 Whether the judgment of Judge Patten should be stayed pending appeal
  2. 2 Whether failure to consider delay in award of interest is a reason for stay

Ratio Decidendi

The applicant failed to establish any sufficient ground for a stay of judgment. There was no substantial material suggesting the respondent could not repay if required, and no strong prospects of success on appeal were demonstrated.

Court Disposition

Application for stay of judgment dismissed with costs

Orders

  • Application dismissed with costs