TYMEZYSZYN PTY LTD and ANOR v MINERAL and CHEMICAL TRADERS PTY LTD [1994] NSWCA 325

A stay of execution on Santow J's orders is granted upon conditions including partial payment to the opponent from a controlled fund, pending filing of the notice of appeal and further court order, given that there is an arguable case and interests of justice support maintaining the status quo temporarily.

Parties: Claimant: Tymezyszyn Pty Ltd; Opponent: Mineral and Chemical Traders Pty Ltd
Jurisdiction: Australia
Judgment Date: 22 December 1994
Procedural Posture: Proposed Appeal / Interlocutory Application for Stay Pending Appeal
Outcome: Stay of execution of order granted on conditions outlined; costs reserved to appeal; expedition ordered.
Legal Topics: Stay of Execution, Interlocutory Relief, Procedural Fairness, Appeal Procedures

Civil Procedure Stay of Execution Interlocutory Relief Procedural Fairness Appeal Procedures

Case Brief

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Parties

Tymezyszyn Pty Ltd

Claimant

Mineral and Chemical Traders Pty Ltd

Opponent

Procedural Posture

Proposed Appeal / Interlocutory Application for Stay Pending Appeal

Legal Issues

1 Whether the declaration of legal right made by Santow J is sustainable in law
2 Whether Santow J denied procedural fairness to the claimants in making final orders

Ratio Decidendi

Court Disposition

Stay of execution of order granted on conditions outlined; costs reserved to appeal; expedition ordered.

Orders

Execution of, and all proceedings under, order 3 of Santow J's orders on 15 December 1994 stayed until appeal or further order;
Sum of $492,188.98 to be paid into a joint account administered by solicitors for both parties;