Donald Colin EVANS v CBFC LIMITED [1993] NSWCA 89

Donald Colin EVANS v CBFC LIMITED [1993] NSWCA 89

Stay of execution granted until 8 November 1993 or further order to preserve the status quo and allow proper hearing of motion for stay.

Parties
Appellant: Donald Colin Evans; Respondent: CBFC Limited
Jurisdiction
Australia
Judgment Date
26 October 1993
Procedural Posture
Appeal / Interlocutory Application
Outcome
stay of execution granted pending further order
Legal Topics
Stay of Execution, Appeal Process
Civil Procedure Stay of Execution Appeal Process

Case Brief

Summary, issues, holding and outcome

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Parties

Donald Colin Evans

Appellant

CBFC Limited

Respondent

Procedural Posture

Appeal / Interlocutory Application

Legal Issues

  1. 1 Whether a stay of execution of judgment should be granted pending hearing of appeal.

Ratio Decidendi

Stay of execution granted until 8 November 1993 or further order to preserve the status quo and allow proper hearing of motion for stay.

Court Disposition

stay of execution granted pending further order

Orders

  • Proceedings pending judgment stayed up to and including 8 November 1993 or further order of the court.
  • Leave reserved to respondent or any other party to move for rescission of the order on two days notice.