TCN CHANNEL 9 PTY LIMITED v ANTONIADIS [1997] NSWCA 306

TCN CHANNEL 9 PTY LIMITED v ANTONIADIS [1997] NSWCA 306

The application for a stay was refused because Channel 9 did not demonstrate that it would be ruined without a stay of execution and the basis for applying the rule for granting a stay was not met, so the orders of Levine J should not be disturbed.

Parties
Appellant: TCN Channel 9 Pty Limited; Respondent: Mrs Antoniadis
Jurisdiction
Australia
Judgment Date
19 May 1997
Procedural Posture
Appeal / Interlocutory Application for Stay Pending Appeal
Outcome
Application for stay dismissed with costs.
Legal Topics
Stay of Execution, Costs, Appeal Procedure
Defamation Stay of Execution Costs Appeal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

TCN Channel 9 Pty Limited

Appellant

Mrs Antoniadis

Respondent

Procedural Posture

Appeal / Interlocutory Application for Stay Pending Appeal

Legal Issues

  1. 1 Should a stay of execution be granted pending the appeal of a defamation judgment?

Ratio Decidendi

The application for a stay was refused because Channel 9 did not demonstrate that it would be ruined without a stay of execution and the basis for applying the rule for granting a stay was not met, so the orders of Levine J should not be disturbed.

Court Disposition

Application for stay dismissed with costs.

Orders

  • Channel 9's notice of motion dismissed with costs.