CUSTOM CREDIT CORPORATION LTD v CENEPRO PTY LTD and ORS [1991] NSWCA 69

CUSTOM CREDIT CORPORATION LTD v CENEPRO PTY LTD and ORS [1991] NSWCA 69

Given the real risk that the claimant would be unable to recover the money if the appeal succeeds and the judgments are enforced, the balance of factors favours granting a stay, subject to undertakings by the claimant.

Parties
Claimant: Custom Credit Corporation Ltd; Opponents: Cenepo Pty Ltd and Ors
Jurisdiction
Australia
Judgment Date
30 August 1991
Procedural Posture
Application for Stay / Post Judgment, Pending Application for Special Leave to Appeal to High Court
Outcome
stay of execution of judgment granted, subject to undertakings
Legal Topics
Stay of Proceedings, Enforcement of Judgment, Appeal
Civil Procedure Stay of Proceedings Enforcement of Judgment Appeal

Case Brief

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Parties

Custom Credit Corporation Ltd

Claimant

Cenepo Pty Ltd and Ors

Opponents

Procedural Posture

Application for Stay / Post Judgment, Pending Application for Special Leave to Appeal to High Court

Legal Issues

  1. 1 Whether to grant a stay of proceedings pending an application for special leave to appeal to the High Court

Ratio Decidendi

Given the real risk that the claimant would be unable to recover the money if the appeal succeeds and the judgments are enforced, the balance of factors favours granting a stay, subject to undertakings by the claimant.

Court Disposition

stay of execution of judgment granted, subject to undertakings

Orders

  • Stay of further proceedings in respect of the Court of Appeal judgments delivered on 7 August 1991 until determination of the application for special leave to appeal to the High Court, subject to undertakings by the claimant to pursue special leave vigorously, to pay compensation as determined by the Supreme Court,...
  • Claimant to pay the opponents' costs for this application if special leave, or the appeal, fails; otherwise, no order as to costs.