COMANOS v WESTPAC BANKING CORPORATION [1993] NSWCA 69
Applicants did not adduce sufficient grounds to demonstrate any real prospect of success in their appeal against enforcement of the guarantee or in relation to bills trading account. Therefore, there is no basis for granting a stay of judgment pending appeal.
- Parties
- Applicant: George Comanos; Applicant: Jennifer Mary Comanos; Opponent: Westpac Banking Corporation
- Jurisdiction
- Australia
- Judgment Date
- 10 May 1993
- Procedural Posture
- Appeal / Interlocutory Application for Stay Pending Appeal
- Outcome
- Application for stay refused; no order as to costs.
- Legal Topics
- Enforcement of Guarantees, Contracts Review Act, Trade Practices Act Limitations, Stay of Judgment, Costs
Case Brief
Summary, issues, holding and outcome
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Parties
George Comanos
Applicant
Jennifer Mary Comanos
Applicant
Westpac Banking Corporation
Opponent
Procedural Posture
Appeal / Interlocutory Application for Stay Pending Appeal
Legal Issues
- 1 Whether applicants have real prospects of success in appeal from judgment enforcing guarantee
- 2 Whether a stay of Cole J's judgment should be granted pending appeal
- 3 Whether the guarantee covered specific accounts including bills trading account
Ratio Decidendi
Applicants did not adduce sufficient grounds to demonstrate any real prospect of success in their appeal against enforcement of the guarantee or in relation to bills trading account. Therefore, there is no basis for granting a stay of judgment pending appeal.
Court Disposition
Application for stay refused; no order as to costs.
Orders
- Stay refused.
- No order as to costs.
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