MACQUARIE ELECTRICITY and ORS v MARILYN DONNA McMAHON [1991] NSWCA 178

MACQUARIE ELECTRICITY and ORS v MARILYN DONNA McMAHON [1991] NSWCA 178

A stay of execution is granted to protect the claimant's appeal, provided he pays the opponent $450,000 (crediting $350,000 already paid), secured by an undertaking not to encumber significant assets without notice, as the opponent's position is adequately protected.

Parties
Claimant: Bruce Edwards; Opponent: Marilyn Donna McMahon; First Appellant (removed): Macquarie Electricity
Jurisdiction
Australia
Judgment Date
04 November 1991
Procedural Posture
Appeal / Motion for Stay of Execution Pending Appeal
Outcome
Stay of execution granted on conditions
Legal Topics
Stay of Execution, Conditions for Stay, Protecting Utility of Appeal
Practice and Procedure Stay of Execution Conditions for Stay Protecting Utility of Appeal

Case Brief

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Parties

Bruce Edwards

Claimant

Marilyn Donna McMahon

Opponent

Macquarie Electricity

First Appellant (removed)

Procedural Posture

Appeal / Motion for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether a stay of execution should be granted pending appeal and on what terms

Ratio Decidendi

A stay of execution is granted to protect the claimant's appeal, provided he pays the opponent $450,000 (crediting $350,000 already paid), secured by an undertaking not to encumber significant assets without notice, as the opponent's position is adequately protected.

Court Disposition

Stay of execution granted on conditions

Orders

  • Undertaking noted by counsel for the opponent to not encumber assets without notice to the claimant or solicitor.
  • Macquarie Electricity removed from proceedings as first appellant.