MUUSERS v ROBERTS [1990] NSWCA 131

Given the circumstances and doubts as to the plaintiff's capacity to repay if unsuccessful on appeal, execution of the judgment should be stayed pending the appeal.

Parties: Appellant: Muusers; Respondent: Roberts
Jurisdiction: Australia
Judgment Date: 09 April 1990
Procedural Posture: Appeal / Interlocutory Application
Outcome: Stay of execution of judgment granted pending hearing of the appeal or further order.
Legal Topics: Stay of Execution, Appeal Procedure

Civil Procedure Stay of Execution Appeal Procedure

Case Brief

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Parties

Muusers

Appellant

Roberts

Respondent

Procedural Posture

Appeal / Interlocutory Application

Legal Issues

1 Whether execution of the judgment should be stayed pending appeal

Ratio Decidendi

Given the circumstances and doubts as to the plaintiff's capacity to repay if unsuccessful on appeal, execution of the judgment should be stayed pending the appeal.

Court Disposition

Stay of execution of judgment granted pending hearing of the appeal or further order.

Orders

Execution of the judgment is stayed pending the hearing of the appeal or further order.
Costs of the application to be costs in the appeal.