HALABI v WESTPAC BANKING CORPORATION [No 2] [1989] NSWCA 244

HALABI v WESTPAC BANKING CORPORATION [No 2] [1989] NSWCA 244

The Court granted the stay in accordance with the principles in Kelly [No 2], emphasising that no exceptional circumstances are required, and that evidence of prejudice should be considered; the orders were made for a limited period and subject to an undertaking to prosecute the special leave application with diligence.

Parties
Claimant: Halabi; Opponent: Westpac Banking Corporation
Jurisdiction
Australia
Judgment Date
08 February 1989
Procedural Posture
Motion for Stay / Post Judgment, Pending Special Leave Application to High Court
Outcome
stay granted
Legal Topics
Stay of Execution, Application for Special Leave to Appeal, Court Practice Guidelines
Practice and Procedure Law Reform Stay of Execution Application for Special Leave to Appeal Court Practice Guidelines

Case Brief

Summary, issues, holding and outcome

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Parties

Halabi

Claimant

Westpac Banking Corporation

Opponent

Procedural Posture

Motion for Stay / Post Judgment, Pending Special Leave Application to High Court

Legal Issues

  1. 1 Whether the Court of Appeal should grant a stay of execution of its orders pending an application for special leave to appeal to the High Court
  2. 2 Whether exceptional circumstances are required for a stay
  3. 3 Appropriate guidelines for granting a stay in support of special leave applications

Ratio Decidendi

The Court granted the stay in accordance with the principles in Kelly [No 2], emphasising that no exceptional circumstances are required, and that evidence of prejudice should be considered; the orders were made for a limited period and subject to an undertaking to prosecute the special leave application with diligence.

Court Disposition

stay granted

Orders

  • Stay the execution of the orders of this Court for 21 days from order, within which time the claimant is to lodge in the High Court of Australia an application for special leave against the orders of this Court; or, if such application is lodged within that time, for so long as proceedings for special leave to...
  • Note the undertaking to the Court by counsel for the claimant to prosecute the application for special leave to appeal with diligence and apply for expedition in the High Court.