CHARLES THEO COMINO, AGATHOCLES AGATHOCLEOUS CONSTANTINE & SPERO PITSIKAS v NICHOLAS PETER MANETTAS; VAN COONEY & JEFFREY STUART DUNN v NICHOLAS PETER MANETTAS [1993] NSWCA 71

CHARLES THEO COMINO, AGATHOCLES AGATHOCLEOUS CONSTANTINE & SPERO PITSIKAS v NICHOLAS PETER MANETTAS; VAN COONEY & JEFFREY STUART DUNN v NICHOLAS PETER MANETTAS [1993] NSWCA 71

Given the short duration of the sought stay, the insurers' significant offer, the possible hardship to applicants, and undertakings offered, justice required the grant of a stay until 16 August subject to terms.

Parties
Applicant: Charles Theo Comino; Applicant: Agathocles Agathocleous Constantine; Applicant: Spero Pitsikas; Applicant: Van Cooney; Applicant: Jeffrey Stuart Dunn; Respondent: Nicholas Peter Manettas
Jurisdiction
Australia
Judgment Date
28 June 1993
Procedural Posture
Application for Stay of Execution / Application for Stay Pending Leave to Appeal
Outcome
stay of execution granted until 16 August subject to undertakings and terms set out
Legal Topics
Stay of Execution, Indemnity, Enforcement of Judgment
Civil Procedure Stay of Execution Indemnity Enforcement of Judgment

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Parties

Charles Theo Comino

Applicant

Agathocles Agathocleous Constantine

Applicant

Spero Pitsikas

Applicant

Van Cooney

Applicant

Jeffrey Stuart Dunn

Applicant

Nicholas Peter Manettas

Respondent

Procedural Posture

Application for Stay of Execution / Application for Stay Pending Leave to Appeal

Legal Issues

  1. 1 Whether a stay of execution should be granted on the judgments pending the determination of an application for leave to appeal

Ratio Decidendi

Given the short duration of the sought stay, the insurers' significant offer, the possible hardship to applicants, and undertakings offered, justice required the grant of a stay until 16 August subject to terms.

Court Disposition

stay of execution granted until 16 August subject to undertakings and terms set out

Orders

  • Stay of execution granted until 16 August.
  • Stay subject to undertakings offered and terms of Ex A tendered before the court.