GROSE v STATE BANK OF NEW SOUTH WALES [1991] NSWCA 132

GROSE v STATE BANK OF NEW SOUTH WALES [1991] NSWCA 132

Execution upon judgment is stayed until a specified date or further order, with directions for expedited listing and affidavit filing to ensure procedural fairness.

Parties
Claimant: Grose; Opponent: State Bank of New South Wales
Jurisdiction
Australia
Judgment Date
08 October 1991
Procedural Posture
Application / Interlocutory
Outcome
stay of execution granted; directions made; costs reserved
Legal Topics
Stay of Execution, Motions, Costs, Affidavit Filing

Case Brief

Summary, issues, holding and outcome

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Parties

Grose

Claimant

State Bank of New South Wales

Opponent

Procedural Posture

Application / Interlocutory

  1. 1 whether execution of judgment should be stayed
  2. 2 procedure for filing affidavits

Ratio Decidendi

Execution upon judgment is stayed until a specified date or further order, with directions for expedited listing and affidavit filing to ensure procedural fairness.

Court Disposition

stay of execution granted; directions made; costs reserved

Orders

  • execution upon judgment for $21,887,451.31 stayed until 4 pm Monday 14 October 1991 or further order
  • parties to see Registrar for listing the matter in motions list