STAVRIANOS v COLES MYER LIMITED [1995] NSWCA 451

STAVRIANOS v COLES MYER LIMITED [1995] NSWCA 451

A stay of execution was granted because the appeal raises a fairly arguable point about the assignability of a debt, is brought bona fide, and security has been offered; these factors satisfy the court's practice for granting a stay pending appeal.

Parties
Appellant: Stavrianos; Respondent: Coles Myer Limited
Jurisdiction
Australia
Judgment Date
27 February 1995
Procedural Posture
Application for Stay Pending Appeal / Interlocutory Motion on Appeal
Outcome
Stay of execution granted pending appeal; appeal to be expedited and limited to the specified point; costs of this application to be paid by the unsuccessful party (respondent).
Legal Topics
Stay of Execution, Assignment of Debts, Expedition of Appeal
Appellate Practice Civil Procedure Stay of Execution Assignment of Debts Expedition of Appeal

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Parties

Stavrianos

Appellant

Coles Myer Limited

Respondent

Procedural Posture

Application for Stay Pending Appeal / Interlocutory Motion on Appeal

Legal Issues

  1. 1 Whether execution of judgment should be stayed pending appeal
  2. 2 Whether the debt in question is capable of being assigned at law or in equity

Ratio Decidendi

A stay of execution was granted because the appeal raises a fairly arguable point about the assignability of a debt, is brought bona fide, and security has been offered; these factors satisfy the court's practice for granting a stay pending appeal.

Court Disposition

Stay of execution granted pending appeal; appeal to be expedited and limited to the specified point; costs of this application to be paid by the unsuccessful party (respondent).

Orders

  • Execution upon the judgment is stayed until the hearing of the appeal or further order.
  • The appeal is to be expedited and limited to the specified point regarding assignability of debt.