SANDERSON MOTORS PTY LIMITED v SINGH [1995] NSWCA 414

A stay of execution should be granted, conditional on the appellant providing security to the satisfaction of the Registrar for the amount specified within 21 days; otherwise, the stay lapses.

Parties: Applicant: Sanderson Motors Pty Limited; Respondent: Singh
Jurisdiction: Australia
Judgment Date: 06 February 1995
Procedural Posture: Appeal Application / Interlocutory Application for Stay Pending Appeal
Outcome: Stay of execution granted conditionally
Legal Topics: Stay of Execution, Security for Judgment

Civil Procedure Stay of Execution Security for Judgment

Case Brief

Summary, issues, holding and outcome

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Parties

Sanderson Motors Pty Limited

Applicant

Singh

Respondent

Procedural Posture

Appeal Application / Interlocutory Application for Stay Pending Appeal

Legal Issues

1 Whether a stay of the District Court's orders should be granted pending appeal and, if so, on what conditions

Ratio Decidendi

A stay of execution should be granted, conditional on the appellant providing security to the satisfaction of the Registrar for the amount specified within 21 days; otherwise, the stay lapses.

Court Disposition

Stay of execution granted conditionally

Orders

Stay of the District Court orders granted, conditional on appellant lodging security to the satisfaction of the Registrar for $108,561.66 within 21 days; otherwise, stay lapses.
Costs of the application to be the respondent's costs in the appeal.