Ryan v Great Lakes Council [1999] FCA 635

Ryan v Great Lakes Council [1999] FCA 635

The undertaking by the applicant's solicitors to ensure prompt repayment of the judgment sum eliminates any potential disadvantage in requiring immediate payment, and no sufficient case has been made for ordering a stay of execution.

Jurisdiction
Australia
Judgment Date
04 May 1999
Procedural Posture
Application for Stay / Post Judgment, Pending Appeal
Outcome
Application for stay dismissed.
Legal Topics
['stay of Execution' 'judgment Enforcement']
['civil Procedure'] ['stay of Execution' 'judgment Enforcement']

Case Brief

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Procedural Posture

Application for Stay / Post Judgment, Pending Appeal

Legal Issues

  1. 1 ['Whether there should be a stay of judgment pending appeal.' 'Potential practical difficulties of immediate payment and repayment.' 'Financial circumstances and hardship.' 'Application of relevant legal principles to stays.']

Ratio Decidendi

The undertaking by the applicant's solicitors to ensure prompt repayment of the judgment sum eliminates any potential disadvantage in requiring immediate payment, and no sufficient case has been made for ordering a stay of execution.

Court Disposition

Application for stay dismissed.

Orders

  • ['Costs of the motion of Grant Ryan and of the second and twentieth respondents are to be costs of the appeal as between those parties.' 'No order as to costs of other respondents.']