McBRIDE v DUCEINO PTY LIMITED [1993] NSWCA 175

McBRIDE v DUCEINO PTY LIMITED [1993] NSWCA 175

Further information is required regarding asset ownership and encumbrances to assess suitability for security before granting stay; hearing adjourned to allow claimants to file affidavits.

Parties
Appellant: McBRIDE; Respondent: DUCEINO PTY LIMITED
Jurisdiction
Australia
Judgment Date
23 August 1993
Procedural Posture
Application for Stay of Execution / Interlocutory
Outcome
Further hearing adjourned; claimants directed to file affidavits; costs reserved.
Legal Topics
Stay of Execution, Security for Judgment
Civil Procedure Stay of Execution Security for Judgment

Case Brief

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Parties

McBRIDE

Appellant

DUCEINO PTY LIMITED

Respondent

Procedural Posture

Application for Stay of Execution / Interlocutory

Legal Issues

  1. 1 Whether stay of execution should be granted pending appeal
  2. 2 Whether sufficient security for judgment can be provided

Ratio Decidendi

Further information is required regarding asset ownership and encumbrances to assess suitability for security before granting stay; hearing adjourned to allow claimants to file affidavits.

Court Disposition

Further hearing adjourned; claimants directed to file affidavits; costs reserved.

Orders

  • Further hearing adjourned to 6 September at 9.30am.
  • Claimants directed to file and serve further affidavits on or before 4.00pm on Wednesday, 1 September.