TYREE v CHALLENGE FINANCE LTD [1992] NSWCA 258

TYREE v CHALLENGE FINANCE LTD [1992] NSWCA 258

Mr Tyree does not have an arguable ground of appeal as the evidence failed to establish his asserted defence; consequently, no basis exists for the grant of a stay pending appeal or for leave to amend his defence at this stage.

Parties
Appellant: Tyree; Respondent: Challenge Finance Ltd
Jurisdiction
Australia
Judgment Date
31 July 1992
Procedural Posture
Appeal / Interlocutory Application for Stay Pending Appeal
Outcome
Motions dismissed with costs.
Legal Topics
Guarantee Enforcement, Stay of Judgment, Leave to Amend Defence
Contract Law Civil Procedure Guarantee Enforcement Stay of Judgment Leave to Amend Defence

Case Brief

Summary, issues, holding and outcome

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Parties

Tyree

Appellant

Challenge Finance Ltd

Respondent

Procedural Posture

Appeal / Interlocutory Application for Stay Pending Appeal

Legal Issues

  1. 1 Whether a stay of judgment should be granted pending appeal
  2. 2 Whether the appellant has arguable grounds for appeal
  3. 3 Whether leave to amend the defence should be granted

Ratio Decidendi

Mr Tyree does not have an arguable ground of appeal as the evidence failed to establish his asserted defence; consequently, no basis exists for the grant of a stay pending appeal or for leave to amend his defence at this stage.

Court Disposition

Motions dismissed with costs.

Orders

  • The motions are dismissed with costs.