WILSON BROS TIMBER CARTAGE PTY LTD v LLOYD [1995] NSWCA 519

WILSON BROS TIMBER CARTAGE PTY LTD v LLOYD [1995] NSWCA 519

Balancing the relevant circumstances, and noting the history of delay and the nature of the appeal (liability in issue), the stay should be granted and proceedings expedited.

Source-derived case information.

Parties
Appellant: Wilson Bros Timber Cartage Pty Ltd; Respondent: Lloyd
Jurisdiction
Australia
Judgment Date
03 July 1995
Procedural Posture
Civil / Interlocutory
Outcome
Stay granted; proceedings expedited; costs of the application to be costs in the appeal.
Legal Topics
Stay of Execution, Expedition, Practice and Procedure
Civil Procedure Stay of Execution Expedition Practice and Procedure

Source-derived case record

Summary, issues, holding and outcome

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Parties

Wilson Bros Timber Cartage Pty Ltd

Appellant

Lloyd

Respondent

Procedural Posture

Civil / Interlocutory

Legal Issues

  1. 1 Whether a stay of execution should be granted pending appeal where liability is in issue.
  2. 2 Whether proceedings should be expedited in light of the time elapsed since the accident.

Ratio Decidendi

Balancing the relevant circumstances, and noting the history of delay and the nature of the appeal (liability in issue), the stay should be granted and proceedings expedited.

Court Disposition

Stay granted; proceedings expedited; costs of the application to be costs in the appeal.

Orders

  • A stay is granted.
  • Expedition grade C is granted.