PURSELL v JAMES [1990] NSWCA 149

PURSELL v JAMES [1990] NSWCA 149

A stay of execution may be granted to indigent appellants on strict terms requiring diligent prosecution of the appeal, so that the right to appeal is not lost solely due to poverty.

Parties
Claimant: Pursell; Opponent: James
Jurisdiction
Australia
Judgment Date
16 July 1990
Procedural Posture
Motion for Stay of Execution / Post Judgment, Pending Appeal
Outcome
Stay of execution granted on conditions.
Legal Topics
Stay of Execution, Appeal, Indigent Appellants
Civil Procedure Stay of Execution Appeal Indigent Appellants

Case Brief

Summary, issues, holding and outcome

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Parties

Pursell

Claimant

James

Opponent

Procedural Posture

Motion for Stay of Execution / Post Judgment, Pending Appeal

Legal Issues

  1. 1 Whether a stay of execution should be granted to indigent appellants who have been refused legal aid and lack funds to discharge judgment debt.
  2. 2 Whether poverty alone is sufficient to merit a stay of execution.

Ratio Decidendi

A stay of execution may be granted to indigent appellants on strict terms requiring diligent prosecution of the appeal, so that the right to appeal is not lost solely due to poverty.

Court Disposition

Stay of execution granted on conditions.

Orders

  • Stay the execution of the judgment entered by McInerney J on 20 June 1989 in favour of the opponent until the hearing of the appeal or further, earlier or other order of the Court of Appeal or of a Judge of Appeal.
  • Order expedition of the hearing of the appeal.