CENEPRO PTY LTD AND ANOR v GLENN PEARSON AND ASSOCIATES PTY LTD AND ANOR [1998] NSWCA 54

CENEPRO PTY LTD AND ANOR v GLENN PEARSON AND ASSOCIATES PTY LTD AND ANOR [1998] NSWCA 54

The application for stay was dismissed because the applicant's prospects of success on appeal were not high, the applicant failed to offer any security, there was significant delay in bringing the application, and there were unresolved concerns about the applicant’s financial position. The Pearson interests are entitled to execute on the judgment.

Parties
Applicant: CENEPRO PTY LTD; Respondent: GLENN PEARSON AND ASSOCIATES PTY LTD
Jurisdiction
Australia
Judgment Date
05 May 1998
Procedural Posture
Notice of Motion for Stay Pending Appeal / Interlocutory Application for Stay of Judgment Pending Appeal
Outcome
Application for stay dismissed with costs
Legal Topics
Stay of Judgment, Interlocutory Applications, Appeals
Civil Procedure Stay of Judgment Interlocutory Applications Appeals

Case Brief

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Parties

CENEPRO PTY LTD

Applicant

GLENN PEARSON AND ASSOCIATES PTY LTD

Respondent

Procedural Posture

Notice of Motion for Stay Pending Appeal / Interlocutory Application for Stay of Judgment Pending Appeal

Legal Issues

  1. 1 Whether a stay of execution pending appeal should be granted
  2. 2 Whether the applicant demonstrated sufficient grounds for a stay, including security and delay

Ratio Decidendi

The application for stay was dismissed because the applicant's prospects of success on appeal were not high, the applicant failed to offer any security, there was significant delay in bringing the application, and there were unresolved concerns about the applicant’s financial position. The Pearson interests are entitled to execute on the judgment.

Court Disposition

Application for stay dismissed with costs

Orders

  • Application for stay pending appeal dismissed
  • Applicant to pay the costs of the application