TRADE CREDITS LTD v MACBETH [1989] NSWCA 214

TRADE CREDITS LTD v MACBETH [1989] NSWCA 214

The stay of execution of judgment was contingent upon the diligent prosecution of claims for indemnity or contribution by the appellants; as this was not fulfilled and the appeal was dismissed, the stay must be discharged.

Parties
Applicant: Trade Credits Ltd; Respondent: Macbeth
Jurisdiction
Australia
Judgment Date
16 October 1989
Procedural Posture
Motion / Stay of Execution; Discharge of Previous Stay Orders
Outcome
Motion to discharge stay granted; appellants ordered to pay costs.
Legal Topics
Stay of Execution, Appeal, Costs
Practice and Procedure Stay of Execution Appeal Costs

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
Sign in to unlock

Parties

Trade Credits Ltd

Applicant

Macbeth

Respondent

Procedural Posture

Motion / Stay of Execution; Discharge of Previous Stay Orders

Legal Issues

  1. 1 Whether the stay of execution of judgment should be discharged due to non-fulfilment of conditions
  2. 2 Whether appellants diligently prosecuted claims for indemnity or contribution as required

Ratio Decidendi

The stay of execution of judgment was contingent upon the diligent prosecution of claims for indemnity or contribution by the appellants; as this was not fulfilled and the appeal was dismissed, the stay must be discharged.

Court Disposition

Motion to discharge stay granted; appellants ordered to pay costs.

Orders

  • Discharge the order number 1 made by the Court on 23 March 1987 staying execution of the judgment of 18 June 1986.
  • Order the appellants, the opponents to this motion, to pay the costs of and incidental to the motion.