BALTIC SHIPPING COMPANY v DILLON [1991] NSWCA 19

BALTIC SHIPPING COMPANY v DILLON [1991] NSWCA 19

A stay of execution is appropriate when the applicant seeks leave to appeal on matters of substance and will proceed with due diligence.

Parties
Claimant: Baltic Shipping Company; Respondent: Mrs Dillon
Jurisdiction
Australia
Judgment Date
21 February 1991
Procedural Posture
Stay Application / Post Judgment, Pending Application for Special Leave to Appeal to High Court
Outcome
Stay of execution granted upon condition application for leave to appeal is pursued with due diligence. Costs ordered as indicated: if leave fails claimant to pay costs of this application; if leave granted and appeal fails, claimant pays costs; if claimant succeeds on appeal, claimant has costs of this application.
Legal Topics
Stay of Execution, Disclaimer or Limitation of Liability, Contracts Review Act 1980, Trade Practices Act 1974, Appeals Procedure
Contracts Civil Procedure Stay of Execution Disclaimer or Limitation of Liability Contracts Review Act 1980 Trade Practices Act 1974 Appeals Procedure

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Parties

Baltic Shipping Company

Claimant

Mrs Dillon

Respondent

Procedural Posture

Stay Application / Post Judgment, Pending Application for Special Leave to Appeal to High Court

Legal Issues

  1. 1 Whether a stay of execution should be granted pending application for leave to appeal to the High Court
  2. 2 Significance of clauses in contracts involving disclaimer or limitation of liability
  3. 3 Application of Contracts Review Act 1980 and Trade Practices Act 1974

Ratio Decidendi

A stay of execution is appropriate when the applicant seeks leave to appeal on matters of substance and will proceed with due diligence.

Court Disposition

Stay of execution granted upon condition application for leave to appeal is pursued with due diligence. Costs ordered as indicated: if leave fails claimant to pay costs of this application; if leave granted and appeal fails, claimant pays costs; if claimant succeeds on appeal, claimant has costs of this application.

Orders

  • Order as in paragraph 1 of the notice of motion.
  • Costs order per judgment directions.