L'UNION DES ASSURANCES DE PARIS IARD v SUN ALLIANCE INSURANCE LTD [1994] NSWCA 173

L'UNION DES ASSURANCES DE PARIS IARD v SUN ALLIANCE INSURANCE LTD [1994] NSWCA 173

A stay of execution will not be granted simply because the judgment sum is small and the parties are large insurers; the applicant must provide appropriate reasons for a stay, which were not established here.

Parties
Claimant: L'Union des Assurances de Paris IARD; Opponent: Sun Alliance Insurance Ltd
Jurisdiction
Australia
Judgment Date
23 May 1994
Procedural Posture
Application for Stay and Expedition / Interlocutory (court of Appeal)
Outcome
Application for stay refused; application for expedition granted.
Legal Topics
Stay of Execution, Expedition of Appeal, Entitlement to Enforce Judgment
Practice and Procedure Stay of Execution Expedition of Appeal Entitlement to Enforce Judgment

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Parties

L'Union des Assurances de Paris IARD

Claimant

Sun Alliance Insurance Ltd

Opponent

Procedural Posture

Application for Stay and Expedition / Interlocutory (court of Appeal)

Legal Issues

  1. 1 Whether a stay of execution should be granted pending appeal when the judgment sum is small and parties are insurance companies.
  2. 2 Whether expedition of the appeal should be granted.

Ratio Decidendi

A stay of execution will not be granted simply because the judgment sum is small and the parties are large insurers; the applicant must provide appropriate reasons for a stay, which were not established here.

Court Disposition

Application for stay refused; application for expedition granted.

Orders

  • Refuse the application for a stay;
  • Grant expedition category C, appeal to be heard within four months on a date to be fixed by the Registrar after consultation with the parties (estimate half day);