BUD-PAK PTY LTD v ADAMSTOWN ENGINEERING PTY LTD [1995] NSWCA 64

BUD-PAK PTY LTD v ADAMSTOWN ENGINEERING PTY LTD [1995] NSWCA 64

Given the difficulties of disturbing primary judge's credibility findings and the lateness of the appellant's notice of appeal, there is insufficient warrant to stay execution of the costs order; the costs assessment should proceed.

Parties
Appellant/plaintiff: Bud-Pak Pty Ltd; Respondent/defendant: Adamstown Engineering Pty Ltd
Jurisdiction
Australia
Judgment Date
13 November 1995
Procedural Posture
Application for Stay of Execution of Costs Order on Appeal / Interlocutory Motion Before Court of Appeal
Outcome
Motion for stay of execution of the order for costs dismissed with costs.
Legal Topics
Stay of Execution, Costs, Appeals, Credibility Findings
Practice and Procedure Civil Procedure Stay of Execution Costs Appeals Credibility Findings

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Parties

Bud-Pak Pty Ltd

Appellant/plaintiff

Adamstown Engineering Pty Ltd

Respondent/defendant

Procedural Posture

Application for Stay of Execution of Costs Order on Appeal / Interlocutory Motion Before Court of Appeal

Legal Issues

  1. 1 Whether the execution of the costs order should be stayed pending appeal
  2. 2 The weight to be given to credibility findings in appeals against the primary judge's findings

Ratio Decidendi

Given the difficulties of disturbing primary judge's credibility findings and the lateness of the appellant's notice of appeal, there is insufficient warrant to stay execution of the costs order; the costs assessment should proceed.

Court Disposition

Motion for stay of execution of the order for costs dismissed with costs.

Orders

  • Motion for stay of execution of the order for costs, dismissed with costs.
  • Orders 1 and 2 in the further amended notice of motion made.