PAYLESS SUPERBARN (NSW) PTY LTD v O'GARA [1988] NSWCA 111

PAYLESS SUPERBARN (NSW) PTY LTD v O'GARA [1988] NSWCA 111

Given the circumstances, with no demonstrated need by the plaintiff but no evidence the defendant could not recover the sum if successful on appeal, and as no application to exclude a payment condition was made to the judge below, the original order for conditional stay should not be interfered with.

Parties
Defendant: Payless Superbarn (NSW) Pty Ltd; Plaintiff: O'Gara
Jurisdiction
Australia
Judgment Date
28 November 1988
Procedural Posture
Application/motion / Application for Stay of Execution Pending Appeal
Outcome
Application refused
Legal Topics
Stay of Execution, Interim Payment, Appeal Process
Civil Procedure Stay of Execution Interim Payment Appeal Process

Case Brief

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Parties

Payless Superbarn (NSW) Pty Ltd

Defendant

O'Gara

Plaintiff

Procedural Posture

Application/motion / Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether the stay of execution pending appeal should be conditional on payment of $60,000

Ratio Decidendi

Given the circumstances, with no demonstrated need by the plaintiff but no evidence the defendant could not recover the sum if successful on appeal, and as no application to exclude a payment condition was made to the judge below, the original order for conditional stay should not be interfered with.

Court Disposition

Application refused

Orders

  • No interference with the trial judge's order; conditional stay on payment of $60,000 remains in effect.