VDS ENGINEERS PTY LIMITED v Skele [1997] NSWCA 330

VDS ENGINEERS PTY LIMITED v Skele [1997] NSWCA 330

The appellant failed to demonstrate that the grounds of appeal have strong prospects of success; the trial judge exercised discretion appropriately in awarding damages; there is no evidence to warrant granting a stay pending appeal.

Parties
Defendant/appellant: VDS ENGINEERS PTY LIMITED; Plaintiff/respondent: Skele
Jurisdiction
Australia
Judgment Date
13 October 1997
Procedural Posture
Stay Application / Appeal Interlocutory Application
Outcome
application for stay dismissed
Legal Topics
Damages, Stay of Judgment, Appeal Grounds
Personal Injury Damages Stay of Judgment Appeal Grounds

Case Brief

Summary, issues, holding and outcome

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Parties

VDS ENGINEERS PTY LIMITED

Defendant/appellant

Skele

Plaintiff/respondent

Procedural Posture

Stay Application / Appeal Interlocutory Application

Legal Issues

  1. 1 Whether a stay should be granted pending appeal on the judgment for damages
  2. 2 Adequacy and calculation of damages including general damages, future expenses, computer costs, economic loss, superannuation

Ratio Decidendi

The appellant failed to demonstrate that the grounds of appeal have strong prospects of success; the trial judge exercised discretion appropriately in awarding damages; there is no evidence to warrant granting a stay pending appeal.

Court Disposition

application for stay dismissed

Orders

  • application for stay dismissed with costs