WALKER v McLELLAND [1989] NSWCA 220

WALKER v McLELLAND [1989] NSWCA 220

The appropriate course is to permit further proceedings up to the completion of pleadings, and stay them at that point, balancing the risk of wasted costs if the appeal succeeds against the risk of delay if no steps are taken in the meantime.

Parties
Appellant: Walker; Respondent: McLelland
Jurisdiction
Australia
Judgment Date
20 February 1989
Procedural Posture
Application for Stay of Proceedings / Interlocutory Appeal
Outcome
Order for partial stay granted; proceedings stayed except for completion of pleadings; no order as to costs.
Legal Topics
Stay of Proceedings, Balancing of Interests, Costs, Delay
Civil Procedure Stay of Proceedings Balancing of Interests Costs Delay

Case Brief

Summary, issues, holding and outcome

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Parties

Walker

Appellant

McLelland

Respondent

Procedural Posture

Application for Stay of Proceedings / Interlocutory Appeal

Legal Issues

  1. 1 Whether further proceedings in the Supreme Court Equity Division should be stayed pending appeal.

Ratio Decidendi

The appropriate course is to permit further proceedings up to the completion of pleadings, and stay them at that point, balancing the risk of wasted costs if the appeal succeeds against the risk of delay if no steps are taken in the meantime.

Court Disposition

Order for partial stay granted; proceedings stayed except for completion of pleadings; no order as to costs.

Orders

  • Pending determination of the appeal, further proceedings in the Supreme Court Equity Division, matter no. 2092 of 1988, are stayed except insofar as pleadings should be completed.
  • No order as to costs.