CRAMPTON v NUGAWELA [1996] NSWCA 128

CRAMPTON v NUGAWELA [1996] NSWCA 128

The stay of judgment should be maintained essentially on the terms imposed by the trial judge; there is no evidence of hardship or inability to repay, and substantial issues exist for appeal on both liability and quantum, warranting the existing conditions.

Parties
Defendant: URJ Crampton; Plaintiff: Nugawela; Defendant: Royal Australian College of General Practitioners
Jurisdiction
Australia
Judgment Date
29 April 1996
Procedural Posture
Defamation Claim / Application to Vary Stay Pending Appeal
Outcome
Stay granted on terms similar to previous orders; costs of stay application reserved to appeal judges; expedition application stood over to judge in chambers.
Legal Topics
Stay of Judgment, Damages Assessment, Appeals, Expedition
Defamation Civil Procedure Stay of Judgment Damages Assessment Appeals Expedition

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

URJ Crampton

Defendant

Nugawela

Plaintiff

Royal Australian College of General Practitioners

Defendant

Procedural Posture

Defamation Claim / Application to Vary Stay Pending Appeal

Legal Issues

  1. 1 Whether the terms of the stay pending appeal should be varied
  2. 2 Whether payment conditions imposed by trial judge were appropriate
  3. 3 Whether there are substantial issues for appeal on liability and quantum

Ratio Decidendi

The stay of judgment should be maintained essentially on the terms imposed by the trial judge; there is no evidence of hardship or inability to repay, and substantial issues exist for appeal on both liability and quantum, warranting the existing conditions.

Court Disposition

Stay granted on terms similar to previous orders; costs of stay application reserved to appeal judges; expedition application stood over to judge in chambers.

Orders

  • A stay of judgment is granted on terms mutatis mutandis as in the trial judge's order.
  • Costs of the stay application reserved to appeal court.