GOVERNMENT INSURANCE OFFICE v LARGE [1988] NSWCA 55

GOVERNMENT INSURANCE OFFICE v LARGE [1988] NSWCA 55

Because half the judgment sum and agreed out-of-pocket expenses have already been paid, and there is no evidence of the opponent’s means that would show no risk to the appellant, there is no present need for further stay orders beyond staying execution pending the appeal’s outcome. Relief beyond this is unnecessary.

Parties
Claimant: Government Insurance Office of New South Wales; Opponent: Large
Jurisdiction
Australia
Judgment Date
26 September 1988
Procedural Posture
Motion for Stay of Execution Pending Appeal / Interlocutory—court of Appeal Motion
Outcome
Motion dismissed except for stay of execution; stay granted on terms; costs to opponent.
Legal Topics
Stay of Execution, Appeal on Quantum, Court of Appeal Procedure—party Titles
Practice and Procedure Stay of Execution Appeal on Quantum Court of Appeal Procedure—party Titles

Case Brief

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Parties

Government Insurance Office of New South Wales

Claimant

Large

Opponent

Procedural Posture

Motion for Stay of Execution Pending Appeal / Interlocutory—court of Appeal Motion

Legal Issues

  1. 1 Whether execution of the judgment should be stayed pending appeal when part of the judgment sum has been paid
  2. 2 Whether further protection for the appellant is necessary in circumstances where part payment has been made

Ratio Decidendi

Because half the judgment sum and agreed out-of-pocket expenses have already been paid, and there is no evidence of the opponent’s means that would show no risk to the appellant, there is no present need for further stay orders beyond staying execution pending the appeal’s outcome. Relief beyond this is unnecessary.

Court Disposition

Motion dismissed except for stay of execution; stay granted on terms; costs to opponent.

Orders

  • Execution upon the judgment of Judge Levine stayed pending the orders of the Court disposing of the appeal.
  • Motion otherwise dismissed, the Court noting that a sum of $35,000 together with out-of-pockets has already been paid to the opponent, the balance to abide the outcome of the appeal.