RADIO 2UE PTY LTD v PARKER [1992] NSWCA 195

RADIO 2UE PTY LTD v PARKER [1992] NSWCA 195

The stay should be terminated, as no evidence has been provided to justify its continuation, and neither party has put on evidence regarding the appellant's financial position.

Parties
Appellant: Radio 2UE Pty Ltd; Respondent: Parker
Jurisdiction
Australia
Judgment Date
18 May 1992
Procedural Posture
Motion / Appellate
Outcome
Stay of execution terminated with effect from specified date; proceedings stood over.
Legal Topics
Stay of Execution, Appeal Procedure, Discretion to Grant Stay
Civil Procedure Stay of Execution Appeal Procedure Discretion to Grant Stay

Case Brief

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Parties

Radio 2UE Pty Ltd

Appellant

Parker

Respondent

Procedural Posture

Motion / Appellate

Legal Issues

  1. 1 Whether the stay of execution on the judgments should be set aside

Ratio Decidendi

The stay should be terminated, as no evidence has been provided to justify its continuation, and neither party has put on evidence regarding the appellant's financial position.

Court Disposition

Stay of execution terminated with effect from specified date; proceedings stood over.

Orders

  • The stay of execution ordered by Smart J terminated with effect from 5pm on Monday 1 June.
  • Proceedings stood over to Monday 1 June for further evidence or resolution.