KING v FOSTER [1995] NSWCA 241

KING v FOSTER [1995] NSWCA 241

Given the appellant's dependence on the estate and the agreement of the parties, an expedited appeal and stay of execution are appropriate.

Parties
Appellant: King; Respondent: Foster
Jurisdiction
Australia
Judgment Date
10 July 1995
Procedural Posture
Application / Interlocutory
Outcome
Orders made for stay of execution and expedition of appeal as agreed by the parties.

Case Brief

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Parties

King

Appellant

Foster

Respondent

Procedural Posture

Application / Interlocutory

Legal Issues

  1. 1 Whether the hearing of the appeal should be expedited
  2. 2 Whether execution of the order of Brownie J should be stayed pending appeal

Ratio Decidendi

Given the appellant's dependence on the estate and the agreement of the parties, an expedited appeal and stay of execution are appropriate.

Court Disposition

Orders made for stay of execution and expedition of appeal as agreed by the parties.

Orders

  • Orders 1, 2 and 3 in the short minutes signed by counsel on 10 July 1995 as initialled by the Court.
  • Stay of execution of Brownie J's order pending appeal.