Bendon Media Ltd (t/a Picture Canning Company) v Nywave Ltd & Anor [2007] EWCA Civ 109 (06 February 2007)

Bendon Media Ltd (t/a Picture Canning Company) v Nywave Ltd & Anor [2007] EWCA Civ 109 (06 February 2007)

A conditional stay of enforcement is appropriate where the appellant's evidence of financial position is unsatisfactory but there is a pending appeal in good standing; the stay is granted on condition of payment into court to balance the interests of both parties.

Citation
[2007] EWCA Civ 109
Parties
Claimant/applicant: Bendon Media Limited T/A Picture Canning Company; Defendant/respondent: Nywave Limited & Anr
Jurisdiction
England and Wales
Judgment Date
06 February 2007
Procedural Posture
Civil Appeal / Application for Stay of Enforcement Pending Appeal
Outcome
application for stay granted on condition
Legal Topics
Stay of Enforcement, Personal Liability Under Contract, Appeal Procedure
Civil Procedure Contract Law Stay of Enforcement Personal Liability Under Contract Appeal Procedure

Case Brief

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Parties

Bendon Media Limited T/A Picture Canning Company

Claimant/applicant

Nywave Limited & Anr

Defendant/respondent

Procedural Posture

Civil Appeal / Application for Stay of Enforcement Pending Appeal

Legal Issues

  1. 1 Whether a stay of enforcement should be granted pending appeal
  2. 2 Adequacy and candour of evidence of financial position for stay applications

Ratio Decidendi

A conditional stay of enforcement is appropriate where the appellant's evidence of financial position is unsatisfactory but there is a pending appeal in good standing; the stay is granted on condition of payment into court to balance the interests of both parties.

Court Disposition

application for stay granted on condition

Orders

  • Stay of execution granted on condition that Mr Mackenzie pays £20,000 into court
  • Costs in appeal