SEERS v TERRELL [1997] NSWCA 280

SEERS v TERRELL [1997] NSWCA 280

A stay of execution is appropriate because the appellant has an arguable case as to liability and further delay would incur unnecessary costs.

Parties
Appellant: Seers; Respondent: Terrell
Jurisdiction
Australia
Judgment Date
24 March 1997
Procedural Posture
Appeal / Interlocutory Motion
Outcome
Stay of execution granted

Case Brief

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Parties

Seers

Appellant

Terrell

Respondent

Procedural Posture

Appeal / Interlocutory Motion

Legal Issues

  1. 1 Whether execution of the judgment should be stayed pending appeal

Ratio Decidendi

A stay of execution is appropriate because the appellant has an arguable case as to liability and further delay would incur unnecessary costs.

Court Disposition

Stay of execution granted

Orders

  • Execution of the judgment is stayed.
  • Appellant will seek expedition.