PANGAS v NEWJUR PTY LIMITED [1996] NSWCA 419

PANGAS v NEWJUR PTY LIMITED [1996] NSWCA 419

Application for leave to adduce fresh evidence will be dealt with at hearing of appeal. Orders made to provide stay and secure $1.7 million from proceeds of sale of 15 Hunter Street, Sydney, in trust, reflecting parties' intention.

Parties
Claimant: PANGAS; Respondent: NEWJUR PTY LIMITED
Jurisdiction
Australia
Judgment Date
17 June 1996
Procedural Posture
Appeal / Interlocutory Application
Outcome
interlocutory orders made as per initialled document, subject to variations specified in judgment
Legal Topics
Leave to Adduce Fresh Evidence, Stay of Orders, Trust of Sale Proceeds
Civil Procedure Leave to Adduce Fresh Evidence Stay of Orders Trust of Sale Proceeds

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Parties

PANGAS

Claimant

NEWJUR PTY LIMITED

Respondent

Procedural Posture

Appeal / Interlocutory Application

Legal Issues

  1. 1 Whether leave should be granted to adduce fresh evidence in the appeal
  2. 2 Orders regarding stay and security of proceeds from sale of disputed property
  3. 3 Effect of previous orders concerning sheriff's power of sale

Ratio Decidendi

Application for leave to adduce fresh evidence will be dealt with at hearing of appeal. Orders made to provide stay and secure $1.7 million from proceeds of sale of 15 Hunter Street, Sydney, in trust, reflecting parties' intention.

Court Disposition

interlocutory orders made as per initialled document, subject to variations specified in judgment

Orders

  • Leave to adduce fresh evidence to be determined at hearing of appeal
  • Order for $1.7 million (half of $3.4 million sale proceeds) to be held in trust from sale of 15 Hunter Street, Sydney