YOUNG v ST GEORGE BANK LTD [1995] NSWCA 531

YOUNG v ST GEORGE BANK LTD [1995] NSWCA 531

The claimants have shown no sufficient grounds for a stay; no evidence supports a risk of misuse of funds or lasting prejudice to any party if the lower court's decision is carried out.

Parties
Claimant/appellant: Young; Opponent/respondent: St George Bank Ltd
Jurisdiction
Australia
Judgment Date
11 December 1995
Procedural Posture
Appeal / Interlocutory Application
Outcome
Notice of motion dismissed. Appeal to be listed as short appeal for mention. Directions given as to written submissions and filing.
Legal Topics
Stay of Proceedings, Expedition of Appeal, Costs, Management of Incorporated Associations
Civil Procedure Stay of Proceedings Expedition of Appeal Costs Management of Incorporated Associations

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 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Young

Claimant/appellant

St George Bank Ltd

Opponent/respondent

Procedural Posture

Appeal / Interlocutory Application

Legal Issues

  1. 1 Whether a stay of proceedings should be granted pending appeal
  2. 2 Whether the appeal should be expedited

Ratio Decidendi

The claimants have shown no sufficient grounds for a stay; no evidence supports a risk of misuse of funds or lasting prejudice to any party if the lower court's decision is carried out.

Court Disposition

Notice of motion dismissed. Appeal to be listed as short appeal for mention. Directions given as to written submissions and filing.

Orders

  • Notice of motion is dismissed.
  • Appeal is to be listed as a short appeal for mention in the list when dates for short appeals in April or May are fixed.