MACRI v WESTPAC BANKING CORPORATION [1993] NSWCA 168

MACRI v WESTPAC BANKING CORPORATION [1993] NSWCA 168

Given the urgency of the situation, potential hardship to appellants, and some prospect of appeal success, a stay of execution is granted and an expedited appeal is ordered.

Parties
Appellant: Macri; Respondent: Westpac Banking Corporation
Jurisdiction
Australia
Judgment Date
12 July 1993
Procedural Posture
Civil / Interlocutory (stay of Execution and Expedition of Appeal)
Outcome
Stay of execution granted; appeal expedited; costs reserved.
Legal Topics
Stay of Execution, Expedition of Appeal, Contracts Review Act, Appeal Procedure
Civil Procedure Banking Contract Law Stay of Execution Expedition of Appeal Contracts Review Act Appeal Procedure

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 1 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Macri

Appellant

Westpac Banking Corporation

Respondent

Procedural Posture

Civil / Interlocutory (stay of Execution and Expedition of Appeal)

Legal Issues

  1. 1 Whether a stay of execution should be granted pending determination of appeal
  2. 2 Whether the appeal should be expedited

Ratio Decidendi

Given the urgency of the situation, potential hardship to appellants, and some prospect of appeal success, a stay of execution is granted and an expedited appeal is ordered.

Court Disposition

Stay of execution granted; appeal expedited; costs reserved.

Orders

  • The hearing of the appeal be expedited.
  • The matter be referred to the Registrar to settle the appeal papers and fix a date for hearing in September.