HOMEBUSH MEAT TRANSPORT PTY LTD v QUINN [1988] NSWCA 66

HOMEBUSH MEAT TRANSPORT PTY LTD v QUINN [1988] NSWCA 66

General stay of execution denied for lack of evidentiary justification, but a temporary stay is granted to allow for transcription of reasons for judgment and preparation of an adequate notice of appeal.

Parties
Claimant: Homebush Meat Transport Pty Ltd; First Opponent: Kenneth Quinn; Second Opponent: Government Insurance Office of New South Wales
Jurisdiction
Australia
Judgment Date
22 December 1988
Procedural Posture
Appeal / Application for Stay of Execution Pending Appeal
Outcome
Temporary stay of execution granted; general stay refused.
Legal Topics
Stay of Execution, Reasons for Judgment, Appeal Process
Practice and Procedure Stay of Execution Reasons for Judgment Appeal Process

Case Brief

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Parties

Homebush Meat Transport Pty Ltd

Claimant

Kenneth Quinn

First Opponent

Government Insurance Office of New South Wales

Second Opponent

Procedural Posture

Appeal / Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether a general or temporary stay of execution should be granted pending appeal in the absence of transcribed reasons for judgment.
  2. 2 Whether the provision of reasons on untranscribed audio tapes satisfies the duty to give reasons.

Ratio Decidendi

General stay of execution denied for lack of evidentiary justification, but a temporary stay is granted to allow for transcription of reasons for judgment and preparation of an adequate notice of appeal.

Court Disposition

Temporary stay of execution granted; general stay refused.

Orders

  • Execution upon the judgment entered by Judge Mahoney in the District Court on 9 December 1988 in proceedings between the claimant and the first opponent are stayed for twenty-eight days from this date.
  • Both parties have liberty to apply to the court, including to the Vacation Judge if need be, for an extension of that stay, in the event that the judgment is not available within twenty-eight days or otherwise, upon one day's notice to the other.