WOMEN'S HOSPITAL CROWN STREET v KOTADIS [1988] NSWCA 178

WOMEN'S HOSPITAL CROWN STREET v KOTADIS [1988] NSWCA 178

Original jurisdiction of the Court of Appeal should be invoked for stay of execution without precondition where claimant faces risk of irreparable loss if large payment is made in advance and opponent's assets are modest.

Parties
Claimant: Women's Hospital Crown Street; Opponent: Kotadis
Jurisdiction
Australia
Judgment Date
25 July 1988
Procedural Posture
Application for Stay / Court of Appeal—motion Ancillary to Appeal
Outcome
stay granted; costs ordered
Legal Topics
Stay of Execution, Appeals, Costs
Civil Procedure Stay of Execution Appeals Costs

Case Brief

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Parties

Women's Hospital Crown Street

Claimant

Kotadis

Opponent

Procedural Posture

Application for Stay / Court of Appeal—motion Ancillary to Appeal

Legal Issues

  1. 1 proper procedure for seeking a stay pending appeal
  2. 2 appropriateness of conditions imposed upon stay
  3. 3 repayment risk if advance payment is ordered

Ratio Decidendi

Original jurisdiction of the Court of Appeal should be invoked for stay of execution without precondition where claimant faces risk of irreparable loss if large payment is made in advance and opponent's assets are modest.

Court Disposition

stay granted; costs ordered

Orders

  • Execution upon the judgment entered following the verdict of the jury is stayed until the hearing of the appeal or any further or other order of the Court.
  • Claimant to pay the costs of the opponent of and incidental to the proceedings before the Court.