SANDERSON MOTORS PTY LTD v SINGH [1994] NSWCA 276

SANDERSON MOTORS PTY LTD v SINGH [1994] NSWCA 276

It was appropriate to stand over the application for a stay of execution until the motion to amend the notice of appeal was heard, and to grant a temporary stay of execution pending that time, with liberty for either party to move for variation of the stay.

Parties
Applicant: Sanderson Motors Pty Ltd; Respondent: Singh
Jurisdiction
Australia
Judgment Date
12 December 1994
Procedural Posture
Application for Stay of Execution / Interlocutory (application for Stay Pending Appeal and Amendment of Notice of Appeal)
Outcome
Present application for a stay stood over; temporary stay of execution granted; costs of the day to the applicant.
Legal Topics
Stay of Execution, Notice of Appeal, Amendment of Pleadings
Civil Procedure Stay of Execution Notice of Appeal Amendment of Pleadings

Case Brief

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Parties

Sanderson Motors Pty Ltd

Applicant

Singh

Respondent

Procedural Posture

Application for Stay of Execution / Interlocutory (application for Stay Pending Appeal and Amendment of Notice of Appeal)

Legal Issues

  1. 1 Whether a stay of execution of the judgment should be granted pending an application to amend the notice of appeal.
  2. 2 Whether the notice of appeal as drawn was competent.
  3. 3 Whether the return of the vehicle should be ordered pending appeal.

Ratio Decidendi

It was appropriate to stand over the application for a stay of execution until the motion to amend the notice of appeal was heard, and to grant a temporary stay of execution pending that time, with liberty for either party to move for variation of the stay.

Court Disposition

Present application for a stay stood over; temporary stay of execution granted; costs of the day to the applicant.

Orders

  • Application for stay of execution stood over to second motion day in February.
  • Stay of execution of the judgment pending that date, with liberty to either party to move for removal of the stay if circumstances warrant.