TYREE v CHALLENGE FINANCE LIMITED [1992] NSWCA 256

TYREE v CHALLENGE FINANCE LIMITED [1992] NSWCA 256

It is not appropriate to grant a stay of execution where the appeal has little hope of success and the potential act of bankruptcy is not a sufficient reason. Leave to amend a defence after judgment has been entered will not generally be granted in the absence of exceptional circumstances.

Parties
Appellant: Tyree; Respondent: Challenge Finance Limited
Jurisdiction
Australia
Judgment Date
17 August 1992
Procedural Posture
Application / Court of Appeal
Outcome
Application dismissed with costs.
Legal Topics
Stay of Execution, Leave to Amend Defence, Act of Bankruptcy, Guarantee Enforcement
Civil Procedure Bankruptcy Stay of Execution Leave to Amend Defence Act of Bankruptcy Guarantee Enforcement

Case Brief

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Parties

Tyree

Appellant

Challenge Finance Limited

Respondent

Procedural Posture

Application / Court of Appeal

Legal Issues

  1. 1 Whether a stay of judgment should be granted in light of an act of bankruptcy
  2. 2 Whether leave to amend a defence should be granted after judgment has been entered

Ratio Decidendi

It is not appropriate to grant a stay of execution where the appeal has little hope of success and the potential act of bankruptcy is not a sufficient reason. Leave to amend a defence after judgment has been entered will not generally be granted in the absence of exceptional circumstances.

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed with costs.