NICHOLSON v NICHOLSON [1995] NSWCA 321
In the absence of any application for special leave made by the claimant and no sufficient grounds shown, there is no basis for granting a stay of the Court's orders.
- Parties
- Opponent: Nicholson; Claimant: Nicholson
- Jurisdiction
- Australia
- Judgment Date
- 10 April 1995
- Procedural Posture
- Application by Notice of Motion / Post Appeal, Application for Stay of Orders
- Outcome
- Application for stay refused
- Legal Topics
- Contributory Negligence, Application for Stay, Seatbelt Usage
Case Brief
Summary, issues, holding and outcome
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Parties
Nicholson
Opponent
Nicholson
Claimant
Procedural Posture
Application by Notice of Motion / Post Appeal, Application for Stay of Orders
Legal Issues
- 1 Whether a stay of the Court's orders should be granted pending the opponent's special leave application to the High Court
- 2 Effect of s 74 of the Motor Accidents Act on contributory negligence
Ratio Decidendi
In the absence of any application for special leave made by the claimant and no sufficient grounds shown, there is no basis for granting a stay of the Court's orders.
Court Disposition
Application for stay refused
Orders
- Claimant to pay the opponent's costs
Full Case Text
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