SCHNEIDER v NATIONAL AUSTRALIA BANK LTD [1995] NSWCA 420

SCHNEIDER v NATIONAL AUSTRALIA BANK LTD [1995] NSWCA 420

A temporary stay of execution is appropriate to preserve the situation pending proper determination on the merits, given the lack of necessary materials and clarity surrounding readiness of the matter.

Parties
Applicant: Schneider; Respondent: National Australia Bank Ltd
Jurisdiction
Australia
Judgment Date
06 February 1995
Procedural Posture
Appeal / Interlocutory Application for Stay Pending Appeal
Outcome
Temporary stay granted until 20 February 1995. Costs reserved.

Case Brief

Summary, issues, holding and outcome

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Parties

Schneider

Applicant

National Australia Bank Ltd

Respondent

Procedural Posture

Appeal / Interlocutory Application for Stay Pending Appeal

Legal Issues

  1. 1 Whether a stay of execution of orders made by Windeyer J should be granted pending proper determination of the appeal.

Ratio Decidendi

A temporary stay of execution is appropriate to preserve the situation pending proper determination on the merits, given the lack of necessary materials and clarity surrounding readiness of the matter.

Court Disposition

Temporary stay granted until 20 February 1995. Costs reserved.

Orders

  • Matter stood over to 20 February 1995.
  • Formal temporary stay of execution of orders made by Windeyer J, only until 20 February 1995.