NARROW FABRIC MANUFACTURING v KAHWAJIAN [1995] NSWCA 308

NARROW FABRIC MANUFACTURING v KAHWAJIAN [1995] NSWCA 308

Justice would be better served by granting a stay of execution pending appeal, particularly given the small sum involved and potential disproportionate rise in costs.

Parties
Claimant: Narrow Fabric Manufacturing; Opponent: Kahwajian
Jurisdiction
Australia
Judgment Date
24 April 1995
Procedural Posture
Application for Stay of Execution / Interlocutory
Outcome
stay granted
Legal Topics
Stay of Execution, Appeal Procedure, Costs
Civil Procedure Stay of Execution Appeal Procedure Costs

Case Brief

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Parties

Narrow Fabric Manufacturing

Claimant

Kahwajian

Opponent

Procedural Posture

Application for Stay of Execution / Interlocutory

Legal Issues

  1. 1 Whether stay of execution should be granted pending appeal

Ratio Decidendi

Justice would be better served by granting a stay of execution pending appeal, particularly given the small sum involved and potential disproportionate rise in costs.

Court Disposition

stay granted

Orders

  • Stay of execution of judgment of Nash DCJ of 24 March 1995 pending delivery of Court of Appeal's reasons or further order.
  • Claimant to pay opponent's costs of the application.