Bendon Media Ltd (t/a Picture Canning Company) v Nywave Ltd & Anor

Bendon Media Ltd (t/a Picture Canning Company) v Nywave Ltd & Anor

A stay of execution is granted on condition that the applicant pays £20,000 into court, balancing the need not to stifle the appeal with insufficient evidence of the applicant's means.

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
Legal Topics
Stay of Execution, Personal Liability, Appeal Procedure
Contract Law Civil Procedure Stay of Execution Personal Liability Appeal Procedure

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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 of evidence regarding applicant's financial position

Ratio Decidendi

A stay of execution is granted on condition that the applicant pays £20,000 into court, balancing the need not to stifle the appeal with insufficient evidence of the applicant's means.

Court Disposition

Application for stay granted

Orders

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