JEFFREY v HARRIS [1995] NSWCA 219

JEFFREY v HARRIS [1995] NSWCA 219

A stay should be granted pending appeal conditional on the defendant paying a specified sum to the plaintiff on account of the judgment, considering the arguability of the issues on damages and contributory negligence.

Parties
Applicant: Jeffrey; Respondent: Harris
Jurisdiction
Australia
Judgment Date
26 June 1995
Procedural Posture
Application for Stay of Execution / Interlocutory
Outcome
Stay of execution granted on condition
Legal Topics
Stay of Execution, Damages, Appeal
Civil Procedure Stay of Execution Damages Appeal

Case Brief

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Parties

Jeffrey

Applicant

Harris

Respondent

Procedural Posture

Application for Stay of Execution / Interlocutory

Legal Issues

  1. 1 Whether a stay of execution of judgment should be granted pending appeal
  2. 2 Whether damages should be apportioned due to contributory negligence
  3. 3 Whether the award of general damages was excessive

Ratio Decidendi

A stay should be granted pending appeal conditional on the defendant paying a specified sum to the plaintiff on account of the judgment, considering the arguability of the issues on damages and contributory negligence.

Court Disposition

Stay of execution granted on condition

Orders

  • Execution of the judgment is stayed pending determination of the appeal or further order, upon condition that the defendant pay to the plaintiff within 21 days the sum of $40,926.44 on account of the judgment.
  • Costs of the application to be costs in the appeal.