COLLIER v SENGOS [1993] NSWCA 67

COLLIER v SENGOS [1993] NSWCA 67

No evidence having been filed in support of the application for a stay of execution, and in the absence of any grounds justifying the stay, the application must be dismissed.

Parties
First Defendant: Mr Collier; Second Defendant/applicant: Mrs Collier; Plaintiff/respondent: Paul Sheridan Sengos
Jurisdiction
Australia
Judgment Date
18 August 1993
Procedural Posture
Application for Stay of Execution / Appeal—interlocutory Application
Outcome
application dismissed with costs
Legal Topics
Stay of Execution, Service of Originating Process, Possession
Civil Procedure Mortgages Stay of Execution Service of Originating Process Possession

Case Brief

Summary, issues, holding and outcome

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Parties

Mr Collier

First Defendant

Mrs Collier

Second Defendant/applicant

Paul Sheridan Sengos

Plaintiff/respondent

Procedural Posture

Application for Stay of Execution / Appeal—interlocutory Application

Legal Issues

  1. 1 Whether a stay of execution should be granted pending appeal
  2. 2 Whether failure to serve the original summons on Mrs Collier warrants a stay

Ratio Decidendi

No evidence having been filed in support of the application for a stay of execution, and in the absence of any grounds justifying the stay, the application must be dismissed.

Court Disposition

application dismissed with costs

Orders

  • The application is dismissed with costs.