Stevanovic v Stjelja & Ors [1999] NSWSC 247

Stevanovic v Stjelja & Ors [1999] NSWSC 247

A stay of execution pending appeal will be granted, conditional on an interim payment to the plaintiff of $850,000, balancing the estimated possible reduction in judgment on appeal against the plaintiff's immediate needs.

Parties
Plaintiff: Zivadin Stevanovic; Defendant: Milan Stjelja; Defendant: Zoran Stjelja; Defendant: Ross Sterritt; Defendant: Babic Milorad
Jurisdiction
Australia
Judgment Date
26 March 1999
Procedural Posture
Stay Application / Post Judgment, Pending Appeal
Outcome
Stay of execution of judgment granted on terms.
Legal Topics
Stay of Execution, Interim Payment, Appeal Procedures
Civil Procedure Stay of Execution Interim Payment Appeal Procedures

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Parties

Zivadin Stevanovic

Plaintiff

Milan Stjelja

Defendant

Zoran Stjelja

Defendant

Ross Sterritt

Defendant

Babic Milorad

Defendant

Procedural Posture

Stay Application / Post Judgment, Pending Appeal

Legal Issues

  1. 1 Whether to grant a stay of execution of judgment pending appeal and on what terms regarding interim payment

Ratio Decidendi

A stay of execution pending appeal will be granted, conditional on an interim payment to the plaintiff of $850,000, balancing the estimated possible reduction in judgment on appeal against the plaintiff's immediate needs.

Court Disposition

Stay of execution of judgment granted on terms.

Orders

  • Stay of execution of the judgment granted pending outcome of the appeal, provided the defendants pay to the plaintiff $850,000 within 21 days.
  • Liberty to apply on the issue of Social Security payments.