PIROZICH v TEDESCHI [1993] NSWCA 213

PIROZICH v TEDESCHI [1993] NSWCA 213

A stay of execution should be granted to allow the appellants time to apply to the District Court to set aside the ex parte judgment, as the District Court rules provide an adequate procedure for relief and intervention of the Court of Appeal is unnecessary at this stage.

Parties
Appellant: Wayne Pirozich; Appellant: Frank Pirozich; Respondent: Tedeschi
Jurisdiction
Australia
Judgment Date
05 April 1993
Procedural Posture
Appeal / Interlocutory Hearing on Stay Pending Application to Set Aside Ex Parte Judgment
Outcome
Stay of execution granted on terms.
Legal Topics
Stay of Execution, Setting Aside Judgment, Ex Parte Judgment, District Court Rules Part 26 Rule 5 a
Practice and Procedure Stay of Execution Setting Aside Judgment Ex Parte Judgment District Court Rules Part 26 Rule 5 a

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Parties

Wayne Pirozich

Appellant

Frank Pirozich

Appellant

Tedeschi

Respondent

Procedural Posture

Appeal / Interlocutory Hearing on Stay Pending Application to Set Aside Ex Parte Judgment

Legal Issues

  1. 1 Whether to grant a stay of execution of District Court judgment entered ex parte pending an application to set aside that judgment under District Court Rules Part 26 rule 5A

Ratio Decidendi

A stay of execution should be granted to allow the appellants time to apply to the District Court to set aside the ex parte judgment, as the District Court rules provide an adequate procedure for relief and intervention of the Court of Appeal is unnecessary at this stage.

Court Disposition

Stay of execution granted on terms.

Orders

  • Execution of the District Court judgment and orders entered by Judge J B Phelan on 5 February 1993 stayed until Monday, 10 May 1993, at 4 pm, or such further or other time as ordered by a Judge of Appeal.
  • Undertaking by the appellants to prosecute an application in the District Court for relief from the orders of Judge Phelan pursuant to Part 26 rule 5A(ii) of the District Court Rules.