HAY v AUSTRALIAN AND NEW ZEALAND BANKING GROUP LTD [1989] NSWCA 99

HAY v AUSTRALIAN AND NEW ZEALAND BANKING GROUP LTD [1989] NSWCA 99

Mr Hay did not provide sufficient evidence of his financial position or ability to pay the judgment debt, nor did he demonstrate a proper basis for a stay that would be fair to all parties. The possibility of prejudice to ANZ could not be excluded, and weight was given to the fact that judgment below was in ANZ's favour. Accordingly, the application for a stay of execution was dismissed.

Parties
Claimant: Mr Hay; Opponent: Australian and New Zealand Banking Group Ltd (ANZ)
Jurisdiction
Australia
Judgment Date
22 March 1989
Procedural Posture
Application for Stay of Execution / Court of Appeal Decision
Outcome
application dismissed with costs
Legal Topics
Stay of Execution, Mortgage Enforcement, Restitution, Cross Claim, Balance of Convenience
Civil Procedure Property Law Stay of Execution Mortgage Enforcement Restitution Cross Claim Balance of Convenience

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Parties

Mr Hay

Claimant

Australian and New Zealand Banking Group Ltd (ANZ)

Opponent

Procedural Posture

Application for Stay of Execution / Court of Appeal Decision

Legal Issues

  1. 1 Whether a stay of execution should be granted pending appeal against orders for possession and judgment debt
  2. 2 Whether the applicant has demonstrated an appropriate case for a stay that will be fair to all parties

Ratio Decidendi

Mr Hay did not provide sufficient evidence of his financial position or ability to pay the judgment debt, nor did he demonstrate a proper basis for a stay that would be fair to all parties. The possibility of prejudice to ANZ could not be excluded, and weight was given to the fact that judgment below was in ANZ's favour. Accordingly, the application for a stay of execution was dismissed.

Court Disposition

application dismissed with costs

Orders

  • The claimant's application for a stay is dismissed with costs.