Vosebe Pty Ltd trading as Batemans Bay Window and Glass v Bakavgas [2008] NSWCA 55

Vosebe Pty Ltd trading as Batemans Bay Window and Glass v Bakavgas [2008] NSWCA 55

Execution of the judgment should be stayed because the first respondent is impecunious, there is a risk the appeal may prove abortive if a stay is not granted, and issues exist with both liability and quantum.

Parties
Applicant: Vosebe Pty Ltd trading as Batemans Bay Window and Glass; First Respondent: Nick Bakavgas; Second Respondent: Geoff Fielding Developments Pty Ltd
Jurisdiction
Australia
Judgment Date
31 March 2008
Procedural Posture
Application for Stay of Execution / Court of Appeal, Ex Tempore Judgment
Outcome
Stay granted pending hearing and disposition of the appeal.
Legal Topics
Stay of Execution, Impecuniosity, Negligence, Indemnity, Duty of Care
Procedure Torts Workers Compensation Stay of Execution Impecuniosity Negligence Indemnity Duty of Care

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Parties

Vosebe Pty Ltd trading as Batemans Bay Window and Glass

Applicant

Nick Bakavgas

First Respondent

Geoff Fielding Developments Pty Ltd

Second Respondent

Procedural Posture

Application for Stay of Execution / Court of Appeal, Ex Tempore Judgment

Legal Issues

  1. 1 Whether a stay of execution should be granted pending appeal due to respondent's impecuniosity
  2. 2 Whether the risk exists that appeal will prove abortive if the stay is not granted

Ratio Decidendi

Execution of the judgment should be stayed because the first respondent is impecunious, there is a risk the appeal may prove abortive if a stay is not granted, and issues exist with both liability and quantum.

Court Disposition

Stay granted pending hearing and disposition of the appeal.

Orders

  • Stay execution of the judgment of Judge Robison made on 28 February 2008 in favour of Nick Bakavgas and against Vosebe Pty Limited pending hearing and disposition of the appeal.
  • Costs of the application to be costs in the appeal.