MAILMAN v CHALLENGE BANK LIMITED [1991] NSWCA 180

MAILMAN v CHALLENGE BANK LIMITED [1991] NSWCA 180

The conditions of the stay of execution not being complied with, the stay no longer operates.

Parties
Appellant: Mailman; Respondent: Challenge Bank Limited
Jurisdiction
Australia
Judgment Date
11 November 1991
Procedural Posture
Civil / Application for Stay of Execution Pending Appeal
Outcome
application to remove stay dismissed; proper order is dismissal with costs
Legal Topics
Stay of Execution, Conditional Stay, Noncompliance With Conditions
Civil Procedure Stay of Execution Conditional Stay Noncompliance With Conditions

Case Brief

Summary, issues, holding and outcome

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Parties

Mailman

Appellant

Challenge Bank Limited

Respondent

Procedural Posture

Civil / Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether the conditions of the stay of execution were satisfied
  2. 2 Whether the stay of execution remains operative after noncompliance with conditions
  3. 3 Whether a further stay should be granted on new conditions

Ratio Decidendi

The conditions of the stay of execution not being complied with, the stay no longer operates.

Court Disposition

application to remove stay dismissed; proper order is dismissal with costs

Orders

  • Application to remove stay dismissed
  • Order as to costs made in favour of respondent