LANG v KIRKNESS [1995] NSWCA 253

LANG v KIRKNESS [1995] NSWCA 253

In all the circumstances, it is better that the parties be allowed to proceed with the execution of the proceedings and agreements, and no useful purpose would be achieved by the grant of a stay pending application for leave to appeal to the High Court. The application is accordingly refused.

Parties
Applicant: Lang; Respondent: Kirkness
Jurisdiction
Australia
Judgment Date
28 February 1995
Procedural Posture
Application for Stay / Application Before Court of Appeal
Outcome
Application for stay refused, matter dismissed with costs.
Legal Topics
Stay of Proceedings, Leave to Appeal, Costs
Civil Procedure Stay of Proceedings Leave to Appeal Costs

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Party arguments 2
Sign in to unlock

Parties

Lang

Applicant

Kirkness

Respondent

Procedural Posture

Application for Stay / Application Before Court of Appeal

Legal Issues

  1. 1 Whether to grant a stay of proceedings pending application for special leave to appeal to the High Court

Ratio Decidendi

In all the circumstances, it is better that the parties be allowed to proceed with the execution of the proceedings and agreements, and no useful purpose would be achieved by the grant of a stay pending application for leave to appeal to the High Court. The application is accordingly refused.

Court Disposition

Application for stay refused, matter dismissed with costs.

Orders

  • The matter is dismissed with costs, subject to quantification of costs as assessed.