LEDA COMMERCIAL PROPERTIES PTY LTD v MISHEVA [1999] NSWCA 92

LEDA COMMERCIAL PROPERTIES PTY LTD v MISHEVA [1999] NSWCA 92

The execution of the judgment is stayed subject to the condition that the claimant pays 50 percent of the judgment amount to the opponent within twenty-one days; this condition balances the interests of both parties given the disputed issues and the risk of the appeal being abortive.

Jurisdiction
Australia
Judgment Date
29 March 1999
Procedural Posture
Application for Stay Pending Appeal / Court of Appeal Decision on Stay Application
Outcome
Stay granted on conditions
Legal Topics
['stay of Judgment' 'application for Stay' 'appeal' 'circumstances Where Stay Appropriate']
['practice and Procedure'] ['stay of Judgment' 'application for Stay' 'appeal' 'circumstances Where Stay Appropriate']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Stay Pending Appeal / Court of Appeal Decision on Stay Application

Legal Issues

  1. 1 ['Whether a stay of enforcement of a District Court judgment should be granted pending appeal' 'What conditions are appropriate for the grant of a stay']

Ratio Decidendi

The execution of the judgment is stayed subject to the condition that the claimant pays 50 percent of the judgment amount to the opponent within twenty-one days; this condition balances the interests of both parties given the disputed issues and the risk of the appeal being abortive.

Court Disposition

Stay granted on conditions

Orders

  • ['Stay of execution of District Court judgment granted, conditional upon the claimant paying 50 percent of the judgment to the opponent within twenty-one days.' 'Execution of balance of judgment stayed until appeal is disposed of or further order.' 'Costs of this application will be costs in the cause.']