Pearson v Arcadia Stores Guyra Limited No 2 [1935] HCA 42

Pearson v Arcadia Stores Guyra Limited No 2 [1935] HCA 42

Rule 22 of sec. III of Part II of the High Court Rules covers enforcement of injunctions, such that upon due institution of an appeal, the execution—including enforcement by writ of attachment—of the judgment appealed from is stayed, absent leave of the Court.

Parties
Appellant: Oscar Randolph Pearson; Respondent: Arcadia Stores, Guyra, Limited
Jurisdiction
Australia
Procedural Posture
Appeal / On Appeal From the Supreme Court of New South Wales
Outcome
Appeal allowed; order of the Supreme Court (Nicholas J.) discharged; motion for leave to issue a writ of attachment dismissed; costs to be taxed and set off as ordered.
Legal Topics
Stay of Execution, Enforcement of Injunctions, Writ of Attachment
Civil Procedure Contempt of Court Injunctions Stay of Execution Enforcement of Injunctions Writ of Attachment

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Parties

Oscar Randolph Pearson

Appellant

Arcadia Stores, Guyra, Limited

Respondent

Procedural Posture

Appeal / On Appeal From the Supreme Court of New South Wales

Legal Issues

  1. 1 Whether Rule 22 of section III, Part II of the High Court Rules precludes issuing a writ of attachment for contempt in breach of a restraining injunction when an appeal has been duly instituted.

Ratio Decidendi

Rule 22 of sec. III of Part II of the High Court Rules covers enforcement of injunctions, such that upon due institution of an appeal, the execution—including enforcement by writ of attachment—of the judgment appealed from is stayed, absent leave of the Court.

Court Disposition

Appeal allowed; order of the Supreme Court (Nicholas J.) discharged; motion for leave to issue a writ of attachment dismissed; costs to be taxed and set off as ordered.

Orders

  • Order of Supreme Court of New South Wales discharged.
  • Motion for writ of attachment dismissed.