GR MAILMAN and ASSOCIATES PTY LTD v WORMALD INTERNATIONAL (AUSTRALIA) PTY LTD [1991] NSWCA 97

Given the material in the affidavit and the lack of substantial opposition to expedition, the appeal should be expedited and a short stay of execution imposed.

Parties: Claimant: GR MAILMAN and ASSOCIATES PTY LTD; Opponent: WORMALD INTERNATIONAL (AUSTRALIA) PTY LTD
Jurisdiction: Australia
Judgment Date: 11 February 1991
Procedural Posture: Appeal / Interlocutory Application
Outcome: expedition of appeal granted; stay of execution granted
Legal Topics: Expedition of Appeal, Stay of Execution

Expedition of Appeal Stay of Execution

Case Brief

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Parties

GR MAILMAN and ASSOCIATES PTY LTD

Claimant

WORMALD INTERNATIONAL (AUSTRALIA) PTY LTD

Opponent

Procedural Posture

Appeal / Interlocutory Application

Legal Issues

1 Whether the appeal should be expedited
2 Whether a stay of execution of orders should be granted

Ratio Decidendi

Given the material in the affidavit and the lack of substantial opposition to expedition, the appeal should be expedited and a short stay of execution imposed.

Court Disposition

expedition of appeal granted; stay of execution granted

Orders

Expedite the appeal, hearing fixed for 20 February with reserve on 21 February if needed
Claimant to prepare, file and serve appeal papers by 4.00 pm on 14 February 1991