WILLIAMS v MITCHELL [1989] NSWCA 235

WILLIAMS v MITCHELL [1989] NSWCA 235

There is no evidence suggesting the plaintiff will not be able to repay the judgment if required; thus, the application for stay of execution is not adequately supported and should be dismissed.

Parties
Plaintiff: Williams; Defendant: Mitchell
Jurisdiction
Australia
Judgment Date
05 June 1989
Procedural Posture
Application for Stay of Execution / Motion Dismissed
Outcome
application dismissed with costs
Legal Topics
Stay of Execution, Judgment Enforcement, Appeals
Civil Procedure Stay of Execution Judgment Enforcement Appeals

Case Brief

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Parties

Williams

Plaintiff

Mitchell

Defendant

Procedural Posture

Application for Stay of Execution / Motion Dismissed

Legal Issues

  1. 1 Should execution of the District Court judgment be stayed pending appeal?

Ratio Decidendi

There is no evidence suggesting the plaintiff will not be able to repay the judgment if required; thus, the application for stay of execution is not adequately supported and should be dismissed.

Court Disposition

application dismissed with costs

Orders

  • The application for a stay of execution is dismissed with costs.