RYDE JOINERY PTY LTD (ADMINISTRATOR APPOINTED) and ORS v ZISTI and ORS [1996] NSWCA 461

RYDE JOINERY PTY LTD (ADMINISTRATOR APPOINTED) and ORS v ZISTI and ORS [1996] NSWCA 461

On balance, reasons for grant of a stay are made out, namely uncertainty regarding Metway Bank's position and the impact on claimants’ ability to negotiate lending terms or support the business if left without assets, given extensive undertakings by claimants.

Source-derived case information.

Parties
Appellant: Ryde Joinery Pty Ltd (Administrator Appointed); Appellant: Robert John Patane; Appellant: Carol Anne Patane; Respondent: Zisti
Jurisdiction
Australia
Judgment Date
22 July 1996
Procedural Posture
Notice of Motion (interlocutory) / Application for Stay and Expedition Pending Appeal
Outcome
Stay granted on undertakings, appeal expedited, costs of the notice of motion to be costs in the appeal.
Legal Topics
Stay of Execution, Expedition of Appeal, Security for Stay
Civil Procedure Stay of Execution Expedition of Appeal Security for Stay

Source-derived case record

Summary, issues, holding and outcome

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Parties

Ryde Joinery Pty Ltd (Administrator Appointed)

Appellant

Robert John Patane

Appellant

Carol Anne Patane

Appellant

Zisti

Respondent

Procedural Posture

Notice of Motion (interlocutory) / Application for Stay and Expedition Pending Appeal

Legal Issues

  1. 1 Whether a stay of execution pending appeal should be granted
  2. 2 Whether the appeal should be expedited

Ratio Decidendi

On balance, reasons for grant of a stay are made out, namely uncertainty regarding Metway Bank's position and the impact on claimants’ ability to negotiate lending terms or support the business if left without assets, given extensive undertakings by claimants.

Court Disposition

Stay granted on undertakings, appeal expedited, costs of the notice of motion to be costs in the appeal.

Orders

  • Orders of Young J made 12 June 1996 stayed pending determination of the appeal upon the second and third claimants giving undertakings as set out.
  • Appeal to be placed in the Expedition List for directions by the Expedition Judge.