Lewis v Nortex Pty Ltd (In Liq); Lamru Pty Ltd v Kation Pty Ltd; Lewis v Lamb [2005] NSWSC 567

Lewis v Nortex Pty Ltd (In Liq); Lamru Pty Ltd v Kation Pty Ltd; Lewis v Lamb [2005] NSWSC 567

The stay of execution should be extended because a substantive costs order in favour of Lamru Pty Ltd remains a possibility; the final position on costs has not been determined and may involve complex considerations.

Parties
Plaintiff: Peter Lawrence Lewis; Defendant: Nortex Pty Ltd (In Liq); Applicant: Lamru Pty Ltd; Respondent: Kation Pty Ltd; Brian Raymond Silvia (Liquidator); Defendant: Mark Lewis; Defendant: Russell William Lamb
Jurisdiction
Australia
Judgment Date
07 June 2005
Procedural Posture
Civil / Post Judgment (application for Stay of Execution)
Outcome
Stay of judgment in Common Law proceedings further extended.
Legal Topics
Stay of Execution, Enforcement of Judgments, Costs Orders
Civil Procedure Stay of Execution Enforcement of Judgments Costs Orders

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Parties

Peter Lawrence Lewis

Plaintiff

Nortex Pty Ltd (In Liq)

Defendant

Lamru Pty Ltd

Applicant

Kation Pty Ltd

Respondent

Brian Raymond Silvia (Liquidator)

Mark Lewis

Defendant

Russell William Lamb

Defendant

Procedural Posture

Civil / Post Judgment (application for Stay of Execution)

Legal Issues

  1. 1 Whether the stay of judgment in Common Law proceedings should be further extended.
  2. 2 Whether the possibility of a costs order in favour of Lamru Pty Ltd justifies extension of the stay.

Ratio Decidendi

The stay of execution should be extended because a substantive costs order in favour of Lamru Pty Ltd remains a possibility; the final position on costs has not been determined and may involve complex considerations.

Court Disposition

Stay of judgment in Common Law proceedings further extended.

Orders

  • Existing stays to continue up to and including 5 August 2005.