RADIN and ANOR v FOLLADOR and ANOR [1994] NSWCA 255

RADIN and ANOR v FOLLADOR and ANOR [1994] NSWCA 255

A short stay of execution was granted to preserve the deposit and allow the appellants to obtain advice and consider whether to proceed with the appeal, given the deposit was safely invested and it was appropriate in the circumstances.

Parties
Applicant: Mrs Judith Radin; Applicant: Mr Michael Radin; Respondent: Follador
Jurisdiction
Australia
Judgment Date
17 June 1994
Procedural Posture
Appeal / Interlocutory Application for Stay Pending Appeal
Outcome
applicants granted short stay of execution until 8 July 1994; motion adjourned for further consideration
Legal Topics
Specific Performance, Contract of Sale of Land, Stay of Execution, Forfeiture of Deposit
Property Law Specific Performance Contract of Sale of Land Stay of Execution Forfeiture of Deposit

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Parties

Mrs Judith Radin

Applicant

Mr Michael Radin

Applicant

Follador

Respondent

Procedural Posture

Appeal / Interlocutory Application for Stay Pending Appeal

Legal Issues

  1. 1 whether a stay of execution should be granted on an order directing purchasers to account to vendors for the deposit following termination of a contract for sale of land

Ratio Decidendi

A short stay of execution was granted to preserve the deposit and allow the appellants to obtain advice and consider whether to proceed with the appeal, given the deposit was safely invested and it was appropriate in the circumstances.

Court Disposition

applicants granted short stay of execution until 8 July 1994; motion adjourned for further consideration

Orders

  • Order O2 made by Windeyer J on 6 June 1994 in the cross-claim stayed until 8 July 1994
  • Motion adjourned to 9.30am on 8 July 1994