WATER RESOURCES COMMISSION v GRAHAM [1989] NSWCA 223

WATER RESOURCES COMMISSION v GRAHAM [1989] NSWCA 223

A stay of execution should not be granted absent evidence to fix appropriate terms such as payment, and given there is no evidence to assess what those terms should be, the application for stay is dismissed.

Parties
Applicant: Water Resources Commission; Respondent: Graham
Jurisdiction
Australia
Judgment Date
21 August 1989
Procedural Posture
Application for Stay of Execution / Interlocutory
Outcome
Application dismissed with costs
Legal Topics
Stay of Execution, Damages, Assessment of Damages
Civil Procedure Stay of Execution Damages Assessment of Damages

Case Brief

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Parties

Water Resources Commission

Applicant

Graham

Respondent

Procedural Posture

Application for Stay of Execution / Interlocutory

Legal Issues

  1. 1 Whether a stay of execution should be granted pending appeal where the defendant has not paid a sum previously required as a condition of a prior stay
  2. 2 Whether sufficient evidence exists to impose terms upon granting a stay

Ratio Decidendi

A stay of execution should not be granted absent evidence to fix appropriate terms such as payment, and given there is no evidence to assess what those terms should be, the application for stay is dismissed.

Court Disposition

Application dismissed with costs

Orders

  • Application for stay of execution dismissed with costs