DILLON v BALTIC SHIPPING CO [No 2]; BALTIC SHIPPING COMPANY v MERCHANT; BISHOP v BALTIC SHIPPING CO ('THE MIKHAIL LERMONTOV') [NO 2] [1993] NSWCA 83

DILLON v BALTIC SHIPPING CO [No 2]; BALTIC SHIPPING COMPANY v MERCHANT; BISHOP v BALTIC SHIPPING CO ('THE MIKHAIL LERMONTOV') [NO 2] [1993] NSWCA 83

Stay of execution pending appeal is granted only upon Baltic Shipping Company paying into court or providing an irrevocable bank bond securing full judgment debt and partial costs, given credible evidence of potential financial difficulty and the company's foreign registration, to appropriately protect claimants' interests.

Parties
Claimant: Dillon; Respondent: Baltic Shipping Company; Claimant: David John Bishop; Respondent: Geoffrey Merchant and others
Jurisdiction
Australia
Judgment Date
05 July 1993
Procedural Posture
Grouped Appeals / Application for Leave to Appeal With Stay of Execution
Outcome
Leave to appeal granted; stay of execution granted on condition of security for judgment and costs; appeals expedited.
Legal Topics
Stay of Execution, Security for Costs, Joint Proceedings, Appeal Procedure
Civil Procedure Admiralty Stay of Execution Security for Costs Joint Proceedings Appeal Procedure

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Parties

Dillon

Claimant

Baltic Shipping Company

Respondent

David John Bishop

Claimant

Geoffrey Merchant and others

Respondent

Procedural Posture

Grouped Appeals / Application for Leave to Appeal With Stay of Execution

Legal Issues

  1. 1 Whether leave to appeal should be granted for interlocutory orders disposing of individual claims in grouped proceedings
  2. 2 Whether execution of judgment should be stayed and under what conditions given the financial circumstances of the foreign respondent

Ratio Decidendi

Stay of execution pending appeal is granted only upon Baltic Shipping Company paying into court or providing an irrevocable bank bond securing full judgment debt and partial costs, given credible evidence of potential financial difficulty and the company's foreign registration, to appropriately protect claimants' interests.

Court Disposition

Leave to appeal granted; stay of execution granted on condition of security for judgment and costs; appeals expedited.

Orders

  • Grant leave to Baltic Shipping Company to appeal from the judgment and orders of Carruthers J.
  • Stay execution from the judgments in favour of the individual passengers pending hearing of the appeal or further order, subject to Baltic Shipping Company paying into court or providing an irrevocable bond with an Australian bank guaranteeing payment of $824,291.