BATEY v GIFFORD [1995] NSWCA 41

Parties

Procedural Posture

Motion for Stay of Execution Pending Appeal / Interlocutory Application Before the Court of Appeal

Legal Issues

1. 1 Whether the orders of Hulme J should be stayed pending appeal
2. 2 Whether the stake held pursuant to contract should be paid out or remain with the stake holder until appeal determined

Ratio Decidendi

The proportion of the stake in contest (57.47%) should remain with the stake-holder pending the outcome of the appeal; the remaining proportion (42.53%) should be paid to the opponent.

Court Disposition

Orders of Hulme J stayed in part pending appeal; partial payout ordered; no order as to costs.

Orders

• Order that the orders of Hulme J be stayed to the extent that, pending the outcome of the appeal or any further or other orders of the Court of Appeal or of a Judge of Appeal, the fund presently standing with Messrs Raine and Horne Pty Limited, real estate agents, Manly, remain with them as stake-holder to the...
• Messrs Raine & Horne Pty Ltd to pay out 42.53% of the current stake (including accrued interest) to the opponent.