MILLER v BONYHADY [1995] NSWCA 294

MILLER v BONYHADY [1995] NSWCA 294

The extension of time to file a notice of appeal was granted due to the seriousness of the findings but a stay of execution was refused, as the claimant did not demonstrate sufficient reasons to justify a stay and failed to show an arguable case on appeal.

Parties
Claimant: Charles Harold Miller; Opponent: Eric Bonyhady; Opponent: Vera Bonyhady
Jurisdiction
Australia
Judgment Date
09 October 1995
Procedural Posture
Application for Extension of Time and Stay Pending Appeal / Interlocutory Application Before Court of Appeal
Outcome
Extension of time to file appeal granted; stay of execution refused except for a brief period; costs as ordered.
Legal Topics
Extension of Time for Appeal, Stay of Execution, Possession Proceedings, Credibility Assessment
Civil Procedure Mortgage Law Extension of Time for Appeal Stay of Execution Possession Proceedings Credibility Assessment

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Parties

Charles Harold Miller

Claimant

Eric Bonyhady

Opponent

Vera Bonyhady

Opponent

Procedural Posture

Application for Extension of Time and Stay Pending Appeal / Interlocutory Application Before Court of Appeal

Legal Issues

  1. 1 Whether the claimant should be granted an extension of time to file a notice of appeal.
  2. 2 Whether a stay of execution should be granted pending the appeal.
  3. 3 Whether the claimant had repaid the mortgage loan as alleged.

Ratio Decidendi

The extension of time to file a notice of appeal was granted due to the seriousness of the findings but a stay of execution was refused, as the claimant did not demonstrate sufficient reasons to justify a stay and failed to show an arguable case on appeal.

Court Disposition

Extension of time to file appeal granted; stay of execution refused except for a brief period; costs as ordered.

Orders

  • Time within which the claimant may file a notice of appeal is extended up to and including 16 October 1995.
  • The costs of the summons will be costs in the appeal.