TYREE v CHALLENGE FINANCE LIMITED [1992] NSWCA 257

TYREE v CHALLENGE FINANCE LIMITED [1992] NSWCA 257

No sufficient grounds were demonstrated to depart from the previous order refusing a stay. The fresh evidence did not advance the applicant's case sufficiently to warrant a further stay.

Parties
Applicant: Mr Tyree; Respondent: Challenge Finance Limited
Jurisdiction
Australia
Judgment Date
10 August 1992
Procedural Posture
Appeal / Application to Put Fresh Evidence and Seek a Stay Before Court of Appeal
Outcome
Application dismissed
Legal Topics
Stay of Proceedings, Fresh Evidence on Appeal
Practice and Procedure Stay of Proceedings Fresh Evidence on Appeal

Case Brief

Summary, issues, holding and outcome

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Parties

Mr Tyree

Applicant

Challenge Finance Limited

Respondent

Procedural Posture

Appeal / Application to Put Fresh Evidence and Seek a Stay Before Court of Appeal

Legal Issues

  1. 1 Whether the applicant should be granted leave to put fresh evidence before the Court of Appeal
  2. 2 Whether a further stay of proceedings should be granted based on new material

Ratio Decidendi

No sufficient grounds were demonstrated to depart from the previous order refusing a stay. The fresh evidence did not advance the applicant's case sufficiently to warrant a further stay.

Court Disposition

Application dismissed

Orders

  • Applications before the single judge dismissed
  • Leave granted to mention the matter before the Full Court