LEWY and ORS v MOSS NOMINEES PTY LTD [1994] NSWCA 183

LEWY and ORS v MOSS NOMINEES PTY LTD [1994] NSWCA 183

A conditional stay of execution may be granted pending appeal where a bona fide appeal with arguable grounds exists and the applicant offers sufficient security for the judgment amount.

Parties
Defendant: Lewy and Ors; Plaintiff: Moss Nominees Pty Ltd
Jurisdiction
Australia
Judgment Date
04 July 1994
Procedural Posture
Motion / Application for Stay Pending Appeal
Outcome
conditional stay of execution granted
Legal Topics
Stay of Execution, Appeal, Judgment Enforcement, Security for Judgment
Civil Procedure Commercial Law Stay of Execution Appeal Judgment Enforcement Security for Judgment

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Parties

Lewy and Ors

Defendant

Moss Nominees Pty Ltd

Plaintiff

Procedural Posture

Motion / Application for Stay Pending Appeal

Legal Issues

  1. 1 Whether execution of judgment should be stayed pending determination of an appeal
  2. 2 On what conditions, if any, should a stay be granted

Ratio Decidendi

A conditional stay of execution may be granted pending appeal where a bona fide appeal with arguable grounds exists and the applicant offers sufficient security for the judgment amount.

Court Disposition

conditional stay of execution granted

Orders

  • Stay of execution of judgment granted, conditional upon payment of $280,748.67 into a joint interest bearing account in the names of the parties within fourteen days.
  • Any dispute regarding the terms of the interest bearing account to be determined by the Registrar if necessary.