DAN v MIKE GAFFIKIN MARINE PTY LTD [1996] NSWCA 137

DAN v MIKE GAFFIKIN MARINE PTY LTD [1996] NSWCA 137

Adjournment granted for fourteen days on condition that the third defendant pays half the costs into court, with stay of enforcement of the costs order against the third defendant only; no decision on merits of stay application itself.

Parties
Plaintiff: Dan; Third Defendant: Mike Gaffikin Marine Pty Ltd; Fifth Defendant: Unknown Fifth Defendant
Jurisdiction
Australia
Judgment Date
24 June 1996
Procedural Posture
Motion / Interlocutory
Outcome
adjourned
Legal Topics
Stay of Costs Order, Adjournment
Civil Procedure Stay of Costs Order Adjournment

Case Brief

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Parties

Dan

Plaintiff

Mike Gaffikin Marine Pty Ltd

Third Defendant

Unknown Fifth Defendant

Fifth Defendant

Procedural Posture

Motion / Interlocutory

Legal Issues

  1. 1 Should the court grant a stay of the costs order against the third defendant pending appeal?
  2. 2 Should the application for stay be adjourned to allow the third defendant to consider new affidavit material?

Ratio Decidendi

Adjournment granted for fourteen days on condition that the third defendant pays half the costs into court, with stay of enforcement of the costs order against the third defendant only; no decision on merits of stay application itself.

Court Disposition

adjourned

Orders

  • Order 6 of Young J stayed for 14 days as against the third defendant conditional upon payment of $68,618.00 into court by 4pm today
  • Matter to stand over for hearing on 8 July next