MAILMAN v CHALLENGE BANK LIMITED [1991] NSWCA 181
A stay of execution should be granted upon condition that security is provided over the applicants' assets, as there is an arguable basis for appeal and execution would have significant consequences given the applicants' asset position.
- Parties
- Applicant: Mr and Mrs Mailman; Respondent: Challenge Bank Limited
- Jurisdiction
- Australia
- Judgment Date
- 24 June 1991
- Procedural Posture
- Application for Stay of Execution / Interlocutory Application Pending Appeal
- Outcome
- Stay of execution granted on conditions
- Legal Topics
- Guarantee, Stay of Execution, Discretionary Remedies
Case Brief
Summary, issues, holding and outcome
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Parties
Mr and Mrs Mailman
Applicant
Challenge Bank Limited
Respondent
Procedural Posture
Application for Stay of Execution / Interlocutory Application Pending Appeal
Legal Issues
- 1 Whether a stay of execution of judgment should be granted pending the determination of the appeal
- 2 Effect of alleged promise or arrangement regarding order of recourse to security and guarantors
Ratio Decidendi
A stay of execution should be granted upon condition that security is provided over the applicants' assets, as there is an arguable basis for appeal and execution would have significant consequences given the applicants' asset position.
Court Disposition
Stay of execution granted on conditions
Orders
- Execution of the judgment is stayed pending the hearing of the appeal, conditional on security being provided over the applicants' assets as settled by the Registrar.
- Short minutes of order to be brought in by the parties to effectuate the terms of the stay and security.
Full Case Text
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