LAWS v COLLINS EXPOSED AGGREGATE PTY LTD [1996] NSWCA 316

LAWS v COLLINS EXPOSED AGGREGATE PTY LTD [1996] NSWCA 316

There was no genuine appeal against the costs order as at the date of the application, and the amendment to add such a ground was not granted; accordingly, there was no basis for a stay of execution of the costs order.

Parties
Applicant: Laws; Second Defendant: Collins Exposed Aggregate Pty Ltd
Jurisdiction
Australia
Judgment Date
05 February 1996
Procedural Posture
Stay Application / Single Judge Interlocutory Application Prior to Appeal Hearing
Outcome
Application dismissed with costs.
Legal Topics
Stay of Execution, Costs Order, Amendment of Notice of Appeal
Civil Procedure Stay of Execution Costs Order Amendment of Notice of Appeal

Case Brief

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Parties

Laws

Applicant

Collins Exposed Aggregate Pty Ltd

Second Defendant

Procedural Posture

Stay Application / Single Judge Interlocutory Application Prior to Appeal Hearing

Legal Issues

  1. 1 Whether a stay of the costs order should be granted pending appeal
  2. 2 Whether leave should be granted to amend the notice of appeal to add a ground challenging the costs order

Ratio Decidendi

There was no genuine appeal against the costs order as at the date of the application, and the amendment to add such a ground was not granted; accordingly, there was no basis for a stay of execution of the costs order.

Court Disposition

Application dismissed with costs.

Orders

  • The summons for stay of execution is dismissed with costs.