GALEA v NEW SOUTH WALES EGG CORPORATION [1988] NSWCA 47

GALEA v NEW SOUTH WALES EGG CORPORATION [1988] NSWCA 47

The claimant failed to appeal or seek a stay of execution against orders of contempt and sequestration, and in these circumstances, no case has been made out for the grant of a stay; court orders stand until set aside.

Parties
Claimant: Paul Galea; Respondent: New South Wales Egg Corporation
Jurisdiction
Australia
Judgment Date
16 December 1988
Procedural Posture
Notice of Motion / Application for Stay of Execution
Outcome
Notice of motion dismissed with costs
Legal Topics
Stay of Execution, Contempt of Court, Ultra Vires, Sequestration, Assessment of Damages
Administrative Law Stay of Execution Contempt of Court Ultra Vires Sequestration Assessment of Damages

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Parties

Paul Galea

Claimant

New South Wales Egg Corporation

Respondent

Procedural Posture

Notice of Motion / Application for Stay of Execution

Legal Issues

  1. 1 Whether a stay of execution should be granted against orders of contempt and sequestration
  2. 2 Validity of orders supporting provisions of the Egg Industry Act 1983 alleged to be ultra vires

Ratio Decidendi

The claimant failed to appeal or seek a stay of execution against orders of contempt and sequestration, and in these circumstances, no case has been made out for the grant of a stay; court orders stand until set aside.

Court Disposition

Notice of motion dismissed with costs

Orders

  • Notice of motion dismissed with costs