INED PTY LTD v PARTRIDGE PARTNERS PTY LTD [1996] NSWCA 262

INED PTY LTD v PARTRIDGE PARTNERS PTY LTD [1996] NSWCA 262

There would be no realistic prospect of the Court of Appeal interfering with the trial judge's decision on the contracting party unless Ined could persuade the appeal court to change findings of fact; the case fell squarely within established appellate rules; prospects of success so slight the application should be dismissed.

Parties
Applicant: INED Pty Ltd; Respondent: Partridge Partners Pty Ltd
Jurisdiction
Australia
Judgment Date
22 February 1996
Procedural Posture
Appeal / Interlocutory Application (stay Pending Appeal)
Outcome
application dismissed with costs; Mareva injunction granted
Legal Topics
Stay of Judgment, Statutory Demand, Contracting Parties
Civil Procedure Contract Law Stay of Judgment Statutory Demand Contracting Parties

Case Brief

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Parties

INED Pty Ltd

Applicant

Partridge Partners Pty Ltd

Respondent

Procedural Posture

Appeal / Interlocutory Application (stay Pending Appeal)

Legal Issues

  1. 1 Whether reason was shown for granting a stay of judgment pending appeal
  2. 2 Likelihood of success on appeal
  3. 3 Whether appellate court is likely to reverse findings on credibility of witnesses

Ratio Decidendi

There would be no realistic prospect of the Court of Appeal interfering with the trial judge's decision on the contracting party unless Ined could persuade the appeal court to change findings of fact; the case fell squarely within established appellate rules; prospects of success so slight the application should be dismissed.

Court Disposition

application dismissed with costs; Mareva injunction granted

Orders

  • Order that, upon Partridge Partners Pty Ltd delivering a joint and several guarantee executed by all five directors, the application be dismissed with costs.
  • Upon the respondent by its counsel giving the usual undertaking as to damages, and undertaking to deliver documents as specified.