MOORE v ECHO DAIRIES PTY LIMITED [1988] NSWCA 96

MOORE v ECHO DAIRIES PTY LIMITED [1988] NSWCA 96

The claimants are sufficiently protected by the undertaking of the opponents to give notice before disposing of assets; therefore, stay is refused.

Parties
Claimant: Moore; Opponent: Echo Dairies Pty Limited
Jurisdiction
Australia
Judgment Date
15 August 1988
Procedural Posture
Application for Stay of Execution / Appeal Pending
Outcome
stay refused; motion dismissed with costs
Legal Topics
Stay of Execution, Appeal, Review of Findings of Fact
Practice and Procedure Stay of Execution Appeal Review of Findings of Fact

Case Brief

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Parties

Moore

Claimant

Echo Dairies Pty Limited

Opponent

Procedural Posture

Application for Stay of Execution / Appeal Pending

Legal Issues

  1. 1 Should a stay of execution be granted pending appeal?
  2. 2 Are claimants sufficiently protected against possible dissipation of judgment moneys?

Ratio Decidendi

The claimants are sufficiently protected by the undertaking of the opponents to give notice before disposing of assets; therefore, stay is refused.

Court Disposition

stay refused; motion dismissed with costs

Orders

  • Motion dismissed with costs