RADLEY INVESTMENTS COMPANY PTY LTD v AMQUE CLOTHING PTY LTD [1993] NSWCA 223

RADLEY INVESTMENTS COMPANY PTY LTD v AMQUE CLOTHING PTY LTD [1993] NSWCA 223

Stay of execution should be granted, with judgment funds to be paid into a jointly administered solicitors' account to safeguard both parties until appeal outcome. Payment must occur within six weeks, failing which the matter returns for further orders.

Parties
Claimant: Radley Investment Company Pty Ltd; Claimant: John Travis Dalley; Opponent: Amque Clothing Pty Ltd; Opponent: Mr Salzburger; Opponent: Mrs Salzburger
Jurisdiction
Australia
Judgment Date
05 July 1993
Procedural Posture
Application for Stay of Execution Pending Appeal / Interlocutory Judgment in Court of Appeal
Outcome
Stay of execution granted subject to conditions
Legal Topics
Stay of Execution, Risk of Financial Difficulties, Management of Judgment Funds
Practice and Procedure Stay of Execution Risk of Financial Difficulties Management of Judgment Funds

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Parties

Radley Investment Company Pty Ltd

Claimant

John Travis Dalley

Claimant

Amque Clothing Pty Ltd

Opponent

Mr Salzburger

Opponent

Mrs Salzburger

Opponent

Procedural Posture

Application for Stay of Execution Pending Appeal / Interlocutory Judgment in Court of Appeal

Legal Issues

  1. 1 Whether the execution of the judgment should be stayed pending appeal due to the risk of financial difficulties affecting recovery of judgment funds
  2. 2 How to manage and safeguard judgment funds during appeal

Ratio Decidendi

Stay of execution should be granted, with judgment funds to be paid into a jointly administered solicitors' account to safeguard both parties until appeal outcome. Payment must occur within six weeks, failing which the matter returns for further orders.

Court Disposition

Stay of execution granted subject to conditions

Orders

  • Execution of judgment stayed upon claimants paying $27,288.30 into jointly administered account within six weeks
  • If sum not paid within six weeks, matter returns to Court for further orders