Ramset Fasteners (Aust) Pty Ltd v Advanced Building Systems Pty Ltd & Anor [1996] FCA 1200

Ramset Fasteners (Aust) Pty Ltd v Advanced Building Systems Pty Ltd & Anor [1996] FCA 1200

On the evidence presented, it was appropriate to grant a stay of the costs order until the application for special leave is determined by the High Court, as enforcing the order before that time could affect the applicant’s ability to pursue the appeal.

Parties
Appellant: Ramset Fasteners (Aust) Pty Limited; First Respondent: Advanced Building Systems Pty Limited; Second Respondent: The Burke Company Limited
Jurisdiction
Australia
Judgment Date
29 November 1996
Procedural Posture
Motion for Stay of Costs Order / Post Judgment, Pending Special Leave Application to High Court
Outcome
Motion granted in part.
Legal Topics
Stay of Costs Order, Special Leave Application, Enforcement of Costs
Civil Procedure Stay of Costs Order Special Leave Application Enforcement of Costs

Case Brief

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Parties

Ramset Fasteners (Aust) Pty Limited

Appellant

Advanced Building Systems Pty Limited

First Respondent

The Burke Company Limited

Second Respondent

Procedural Posture

Motion for Stay of Costs Order / Post Judgment, Pending Special Leave Application to High Court

Legal Issues

  1. 1 Whether the order for costs should be stayed pending the determination of an application for special leave to appeal to the High Court

Ratio Decidendi

On the evidence presented, it was appropriate to grant a stay of the costs order until the application for special leave is determined by the High Court, as enforcing the order before that time could affect the applicant’s ability to pursue the appeal.

Court Disposition

Motion granted in part.

Orders

  • The costs order made by the Full Court on 26 April 1996 is stayed up to and including the date of the determination of the application for special leave to the High Court.
  • No order as to the costs of this motion.