Osborne v Boral Resources (NSW) Pty Ltd [2011] NSWCA 379

Osborne v Boral Resources (NSW) Pty Ltd [2011] NSWCA 379

By the thinnest of margins, a stay is appropriate as the appeal raises serious questions and refusal presents imminent prejudice (bankruptcy) not redressed by a successful appeal; adjournment declined due to lack of adequate explanation and speculative benefit of cross-examination.

Jurisdiction
Australia
Judgment Date
31 October 2011
Procedural Posture
Interlocutory Application / Application for Stay Pending Appeal
Outcome
Stay granted.
Legal Topics
['stay of Execution' 'practice and Procedure' 'adjournment' 'appeals']
['civil Procedure'] ['stay of Execution' 'practice and Procedure' 'adjournment' 'appeals']

Case Brief

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Procedural Posture

Interlocutory Application / Application for Stay Pending Appeal

Legal Issues

  1. 1 ['Whether to grant a stay of execution pending appeal' 'Whether to permit adjournment to enable cross-examination']

Ratio Decidendi

By the thinnest of margins, a stay is appropriate as the appeal raises serious questions and refusal presents imminent prejudice (bankruptcy) not redressed by a successful appeal; adjournment declined due to lack of adequate explanation and speculative benefit of cross-examination.

Court Disposition

Stay granted.

Orders

  • ['Order that judgment in the District Court be stayed pending determination of the appeal or further order.' "Order that costs of today's application be costs in the appeal."]