PYRLAKIS v PERPETUAL TRUSTEE COMPANY LTD (ACN 000 001 007) [1993] NSWCA 219

PYRLAKIS v PERPETUAL TRUSTEE COMPANY LTD (ACN 000 001 007) [1993] NSWCA 219

No case was made out on evidence to displace the judgment creditor's prima facie right to enforce its judgment; application for stay fails.

Source-derived case information.

Parties
Appellant: Mr and Mrs Pyrlakis; Respondent: Perpetual Trustee Company Ltd; Cross Respondent: Francis Wall
Jurisdiction
Australia
Judgment Date
03 May 1993
Procedural Posture
Stay Application in Appeal / Application for Stay of Execution Pending Appeal
Outcome
Application for stay of execution dismissed with costs. Time to file cross-appeal extended until 7 May.
Legal Topics
Stay of Execution, Judgment Enforcement, Cross Appeal Procedure
Property Law Mortgage Law Stay of Execution Judgment Enforcement Cross Appeal Procedure

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Mr and Mrs Pyrlakis

Appellant

Perpetual Trustee Company Ltd

Respondent

Francis Wall

Cross Respondent

Procedural Posture

Stay Application in Appeal / Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether a stay of execution should be granted pending appeal
  2. 2 Entitlement to extension of time for filing a cross-appeal

Ratio Decidendi

No case was made out on evidence to displace the judgment creditor's prima facie right to enforce its judgment; application for stay fails.

Court Disposition

Application for stay of execution dismissed with costs. Time to file cross-appeal extended until 7 May.

Orders

  • Application for stay of execution dismissed with costs.
  • Time to file cross-appeal from judgment of Allen J at the suit of Perpetual Trustee Company extended until Friday 7 May.