CUSTOM CREDIT CORPORATION LTD v CENEPRO PTY LTD [1990] NSWCA 49

CUSTOM CREDIT CORPORATION LTD v CENEPRO PTY LTD [1990] NSWCA 49

A stay of execution should be granted on terms where the defendant faces irrecoverable loss if successful on appeal, but payment of certain portions to secure legitimate debts may be required to protect interests of both parties.

Source-derived case information.

Parties
Defendant: CUSTOM CREDIT CORPORATION LTD; Plaintiff: CENEPRO PTY LTD
Jurisdiction
Australia
Judgment Date
21 December 1990
Procedural Posture
Commercial / Application for Stay of Execution Pending Appeal
Outcome
stay granted on terms
Legal Topics
Stay of Execution, Judgment Enforcement, Appeal Process
Civil Procedure Stay of Execution Judgment Enforcement Appeal Process

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Parties

CUSTOM CREDIT CORPORATION LTD

Defendant

CENEPRO PTY LTD

Plaintiff

Procedural Posture

Commercial / Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether a stay of execution on a judgment should be granted pending appeal
  2. 2 How to balance the interests of judgment creditor and debtor in stay applications

Ratio Decidendi

A stay of execution should be granted on terms where the defendant faces irrecoverable loss if successful on appeal, but payment of certain portions to secure legitimate debts may be required to protect interests of both parties.

Court Disposition

stay granted on terms

Orders

  • Stay of execution granted except for payment of $137,516 to Department of Lands for land purchase completion.
  • Payment of $100,000 to plaintiffs for third plaintiff's architectural fees.