HATCHWYN PTY LTD and ANOR v FERGUSON [1994] NSWCA 124

HATCHWYN PTY LTD and ANOR v FERGUSON [1994] NSWCA 124

The Court will not disturb the conditional stay of execution set by the District Court Judge unless there is justification to prefer a different assessment; no such justification was shown in this case.

Parties
Applicant: Hatchwyn Pty Ltd; Respondent: Ferguson
Jurisdiction
Australia
Judgment Date
04 July 1994
Procedural Posture
Application for Stay of Execution / Application for Stay Pending Appeal
Outcome
application dismissed with costs
Legal Topics
Stay of Execution, Contributory Negligence, Quantum of Damages
Civil Procedure Stay of Execution Contributory Negligence Quantum of Damages

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Parties

Hatchwyn Pty Ltd

Applicant

Ferguson

Respondent

Procedural Posture

Application for Stay of Execution / Application for Stay Pending Appeal

Legal Issues

  1. 1 Whether the stay of execution should be altered from the trial judge's order
  2. 2 Whether the reduction for contributory negligence should be greater

Ratio Decidendi

The Court will not disturb the conditional stay of execution set by the District Court Judge unless there is justification to prefer a different assessment; no such justification was shown in this case.

Court Disposition

application dismissed with costs

Orders

  • Stay of execution conditional upon payment of $120,000, with seven days allowed for payment of the balance of the amount of the stay.