LINACRE v STEPHENSON [1995] NSWCA 260

LINACRE v STEPHENSON [1995] NSWCA 260

On the material before the court, it was not appropriate to grant a stay of the judgment; factual findings favouring respondent are not grounds for stay.

Parties
Appellant: Linacre; Respondent: Stephenson
Jurisdiction
Australia
Judgment Date
04 September 1995
Procedural Posture
Application for Stay Pending Appeal / Application for Stay Before Appellate Court
Outcome
Application for stay refused with costs.
Legal Topics
Application for Stay, Motor Vehicle Accident, Personal Injury, Contributory Negligence
Civil Procedure Torts Application for Stay Motor Vehicle Accident Personal Injury Contributory Negligence

Case Brief

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Parties

Linacre

Appellant

Stephenson

Respondent

Procedural Posture

Application for Stay Pending Appeal / Application for Stay Before Appellate Court

Legal Issues

  1. 1 Whether judgment below should be stayed pending appeal
  2. 2 Whether amount recoverable by respondent was less than threshold under Motor Accidents Act 1988
  3. 3 Whether trial judge erred in rejecting contributory negligence defense

Ratio Decidendi

On the material before the court, it was not appropriate to grant a stay of the judgment; factual findings favouring respondent are not grounds for stay.

Court Disposition

Application for stay refused with costs.

Orders

  • Application for stay refused with costs.