WATT v STATE BANK OF NEW SOUTH WALES [1993] NSWCA 283
A stay of execution is granted where the claimant provides undertakings not to dispose of assets (except in ordinary business), to maintain mortgage payments, and to provide financial disclosure, to protect against prejudice if the appeal is ultimately successful.
- Parties
- Claimant: Oswald Gilchrist Watt; Opponent: State Bank of New South Wales
- Jurisdiction
- Australia
- Judgment Date
- 07 December 1993
- Procedural Posture
- Application for Stay of Execution Pending Appeal / Interlocutory Application Before Court of Appeal
- Outcome
- stay of execution granted
- Legal Topics
- Stay of Execution, Guarantees, Mortgage Enforcement, Interlocutory Relief
Case Brief
Summary, issues, holding and outcome
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Parties
Oswald Gilchrist Watt
Claimant
State Bank of New South Wales
Opponent
Procedural Posture
Application for Stay of Execution Pending Appeal / Interlocutory Application Before Court of Appeal
Legal Issues
- 1 Whether a stay of execution of judgment should be granted pending appeal
- 2 Whether adequate undertakings have been provided by the claimant
Ratio Decidendi
A stay of execution is granted where the claimant provides undertakings not to dispose of assets (except in ordinary business), to maintain mortgage payments, and to provide financial disclosure, to protect against prejudice if the appeal is ultimately successful.
Court Disposition
stay of execution granted
Orders
- Execution of judgment stayed pending the determination of the appeal hearing, with undertaking not to dispose of assets except in the ordinary course of business and to maintain mortgage payments
- Hearing of the appeal expedited to 9 March 1994
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