CAMPBELL EARTHMOVING AND ENGINEERING (ORANGE) PTY LTD v GRIFFITH AND ANOR [1992] NSWCA 34

CAMPBELL EARTHMOVING AND ENGINEERING (ORANGE) PTY LTD v GRIFFITH AND ANOR [1992] NSWCA 34

The matter of stay of execution was unable to be resolved as the necessary evidence and material were not before the court in proper form, and so the matter was stood over to enable the parties to put the requisite material before the court.

Parties
Applicant: Campbell Earthmoving and Engineering (Orange) Pty Ltd; Respondent: Griffith; Respondent: Anor
Jurisdiction
Australia
Judgment Date
17 February 1992
Procedural Posture
Application for Stay of Execution / Interlocutory
Outcome
Stood over for further hearing
Legal Topics
Stay of Execution, Negligence, Appeals
Civil Procedure Torts Stay of Execution Negligence Appeals

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Parties

Campbell Earthmoving and Engineering (Orange) Pty Ltd

Applicant

Griffith

Respondent

Anor

Respondent

Procedural Posture

Application for Stay of Execution / Interlocutory

Legal Issues

  1. 1 Whether a stay of execution of judgment should be granted pending appeal
  2. 2 Whether the appeal raises an arguable case on liability

Ratio Decidendi

The matter of stay of execution was unable to be resolved as the necessary evidence and material were not before the court in proper form, and so the matter was stood over to enable the parties to put the requisite material before the court.

Court Disposition

Stood over for further hearing

Orders

  • The matter is stood over to enable evidence to be put in proper form.
  • The costs of today will be reserved for the judge hearing the matter.