COSTAIN AUSTRALIA LTD v KANE PLANT HIRE PTY LTD [1994] NSWCA 66

The only basis advanced for a stay of execution (no injury or damage to respondent) is not a sufficient reason; application for stay is declined. Expedition is not justified by the potential expiry of a third-party cause of action; application for expedition is dismissed.

Parties: Appellant: Costain Australia Ltd; Respondent: Kane Plant Hire Pty Ltd
Jurisdiction: Australia
Judgment Date: 05 September 1994
Procedural Posture: Appeal / Interlocutory Motions
Outcome: Orders 1 and 3 of Notice of Motion filed 25 August 1994 made by consent; order 2 for stay of execution refused; application for expedition dismissed; no order for costs on expedition motion.
Legal Topics: Stay of Execution, Expedition of Appeal

Civil Procedure Stay of Execution Expedition of Appeal

Case Brief

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Parties

Costain Australia Ltd

Appellant

Kane Plant Hire Pty Ltd

Respondent

Procedural Posture

Appeal / Interlocutory Motions

Legal Issues

1 Whether a stay of execution should be granted on the basis that there would be no injury or damage to the respondent
2 Whether expedition of the appeal should be granted due to potential expiry of a cause of action against a third party

Ratio Decidendi

Court Disposition

Orders 1 and 3 of Notice of Motion filed 25 August 1994 made by consent; order 2 for stay of execution refused; application for expedition dismissed; no order for costs on expedition motion.

Orders

Orders 1 and 3 of Notice of Motion dated 25 August 1994 made by consent
Order 2 (stay of execution) refused