DEMPSTER v COATES [1988] NSWCA 36

DEMPSTER v COATES [1988] NSWCA 36

By majority, the Court ordered that the $70,000 be paid into a joint solicitors' account to be held pending the outcome of the appeal, rather than paid directly to the respondent, in order to protect the interests of both parties and the utility of the appeal.

Parties
Claimant: Dempster; Opponent: Coates
Jurisdiction
Australia
Judgment Date
28 March 1988
Procedural Posture
Appeal / Application for Stay of Execution and Interlocutory Leave to Appeal
Outcome
Stay granted on condition of payment into joint solicitors' account; summons for leave to appeal referred to Registrar; claimant to pay opponent's costs of motion.
Legal Topics
Stay of Execution, Conditions for Granting Stay, Payment Pending Appeal
Practice and Procedure Stay of Execution Conditions for Granting Stay Payment Pending Appeal

Case Brief

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Parties

Dempster

Claimant

Coates

Opponent

Procedural Posture

Appeal / Application for Stay of Execution and Interlocutory Leave to Appeal

Legal Issues

  1. 1 Proper approach to stay of execution where trial judge has fixed terms of stay pending appeal
  2. 2 Whether part of verdict sum should be paid to opponent or held pending outcome of appeal

Ratio Decidendi

By majority, the Court ordered that the $70,000 be paid into a joint solicitors' account to be held pending the outcome of the appeal, rather than paid directly to the respondent, in order to protect the interests of both parties and the utility of the appeal.

Court Disposition

Stay granted on condition of payment into joint solicitors' account; summons for leave to appeal referred to Registrar; claimant to pay opponent's costs of motion.

Orders

  • Summons for leave to appeal referred to Registrar for listing before the appeal court.
  • Execution of judgment stayed, conditional upon claimant paying $70,000 into a joint solicitors' account within 28 days, to abide outcome of appeal or until further order.