VITA PACIFIC LTD v GARDNER [1989] NSWCA 219

The applicant did not adduce sufficient evidence of a real risk that the money would not be recoverable if the appeal succeeded; fairness did not require a stay.

Parties: Applicant: Vita Pacific Ltd; Respondent: Gardner
Jurisdiction: Australia
Judgment Date: 10 April 1989
Procedural Posture: Application for Stay of Execution / Application Pending Appeal
Outcome: application for stay dismissed
Legal Topics: Stay of Execution, Judgment Enforcement, Appeal

Civil Procedure Stay of Execution Judgment Enforcement Appeal

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 Amounts and remedies 1

Parties

Vita Pacific Ltd

Applicant

Gardner

Respondent

Procedural Posture

Application for Stay of Execution / Application Pending Appeal

Legal Issues

1 Whether a stay of execution of a judgment should be granted pending appeal

Ratio Decidendi

The applicant did not adduce sufficient evidence of a real risk that the money would not be recoverable if the appeal succeeded; fairness did not require a stay.

Court Disposition

application for stay dismissed

Orders

The motion for a stay is dismissed with costs.