HARKIM v WESTWOOD LA GRANGE PLAZA LTD [1991] NSWCA 144

HARKIM v WESTWOOD LA GRANGE PLAZA LTD [1991] NSWCA 144

A stay is granted because there is a substantial challenge in California to the underlying judgment, and significant security ($245,000 bond) has already been paid.

Parties
Claimant: Harkim; Opponent: Westwood La Grange Plaza Limited
Jurisdiction
Australia
Judgment Date
05 August 1991
Procedural Posture
Application / Interlocutory
Outcome
stay granted
Legal Topics
Stay of Execution, Registration of Foreign Judgment
Civil Procedure Stay of Execution Registration of Foreign Judgment

Case Brief

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Parties

Harkim

Claimant

Westwood La Grange Plaza Limited

Opponent

Procedural Posture

Application / Interlocutory

Legal Issues

  1. 1 Should execution of the Californian default judgment registered in NSW be stayed pending the outcome of proceedings in California?

Ratio Decidendi

A stay is granted because there is a substantial challenge in California to the underlying judgment, and significant security ($245,000 bond) has already been paid.

Court Disposition

stay granted

Orders

  • The judgment of Rogers J is stayed until 25 November 1991.
  • Costs are to be costs in the appeal.