MARCREST PTY LTD v REX AVIATION FINANCE PTY LTD [1989] NSWCA 139

MARCREST PTY LTD v REX AVIATION FINANCE PTY LTD [1989] NSWCA 139

Extension of time for appeal was granted due to the delay in provision of the revised judgment, which was necessary for the appellants to formulate appeal grounds; a stay of execution was granted conditional upon part payment of the judgment, as there was no special prejudice to the respondent.

Parties
Appellant: Marcrest Pty Ltd; Respondent: Rex Aviation Finance Pty Ltd
Jurisdiction
Australia
Judgment Date
13 November 1989
Procedural Posture
Appeal / Application for Extension of Time and Stay of Execution Pending Appeal
Outcome
Extension of time for appeal granted; stay of execution granted upon part payment; costs ordered against appellants.
Legal Topics
Stay of Execution, Extension of Time for Appeal
Practice and Procedure Stay of Execution Extension of Time for Appeal

Case Brief

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Parties

Marcrest Pty Ltd

Appellant

Rex Aviation Finance Pty Ltd

Respondent

Procedural Posture

Appeal / Application for Extension of Time and Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether an extension of time for lodging an appeal should be granted due to delayed provision of revised judgment
  2. 2 Whether a stay of execution of the judgment should be granted and on what terms

Ratio Decidendi

Extension of time for appeal was granted due to the delay in provision of the revised judgment, which was necessary for the appellants to formulate appeal grounds; a stay of execution was granted conditional upon part payment of the judgment, as there was no special prejudice to the respondent.

Court Disposition

Extension of time for appeal granted; stay of execution granted upon part payment; costs ordered against appellants.

Orders

  • Extend time for lodging the appeal until 13 November 1989 at 4 pm.
  • Deem the notice of appeal to be filed within time.