GOODWIN v DUGGAN [1996] NSWCA 222

The balance of convenience, considering the short period before the appeal and an undertaking given, lies in granting a stay of the Orders of Simos J until the disposal of the appeal.

Parties: Appellant: Goodwin; Respondent: Duggan
Jurisdiction: Australia
Judgment Date: 04 April 1996
Procedural Posture: Application for Stay and Expedition / Interlocutory Application Pending Appeal
Outcome: Stay granted; hearing of appeal expedited
Legal Topics: Stay of Proceedings, Expedition of Hearing, Appeal Procedures

Civil Procedure Stay of Proceedings Expedition of Hearing Appeal Procedures

Case Brief

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Parties

Goodwin

Appellant

Duggan

Respondent

Procedural Posture

Application for Stay and Expedition / Interlocutory Application Pending Appeal

Legal Issues

1 Whether a stay of the Orders of Simos J should be granted pending appeal
2 Whether the hearing of the appeal should be expedited

Ratio Decidendi

The balance of convenience, considering the short period before the appeal and an undertaking given, lies in granting a stay of the Orders of Simos J until the disposal of the appeal.

Court Disposition

Stay granted; hearing of appeal expedited

Orders

Orders of Simos J of 15 December 1995 stayed pending determination of the appeal or until further order.
Hearing of appeal expedited and fixed for 23 May 1996.