NSW Caselaw
DILLON v BALTIC SHIPPING CO [No 2]; BALTIC SHIPPING COMPANY v MERCHANT; BISHOP v BALTIC SHIPPING CO ('THE MIKHAIL LERMONTOV)') [No 2]
SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL
KirBy P, MAHONEY and CLARKE JJA 5 July 1993 [1993] NSWCA 83
PRACTICE and PROCEDURE — Court of Appeal — stay if execution of judgment — orders in grouped proceedings — claims by multiple passengers following damages and losses arising from sinking of the vessel "Mikhail Lermontov" — determination of individual claims in form interlocutory but in substance final in each case — summons for leave to appeal — leave to appeal granted in each case — appeals expedited and grouped — conditions of stay of execution of judgment — evidence of financial difficulties of shipping company, registered in Russia — held:
Stay should be granted upon deposit in cash or provision of an irrevocable with an Australian bank guaranteeing payment of the amount of the judgment debt plus allowance for part of costs of trial and costs of appeal.
Dillon v Baltic Shipping Co ("The Mikhail Lermontov") (1989) 21 NSWLR 614 (SC) referred to.
Kirby P This summons concerns orders which are in form interlocutory. They arise out of a series of individual claims which Carruthers J has grouped together in a procedure sensibly permitted by the Admiralty Rules 1952, R14. They are all nominally part of the one proceeding. Thus the determination of the entitlement of particular persons is interlocutory to the completion of the entire proceedings. See Dillon v Baltic Shipping Co ("The Mikhail Lermontov") (1989) 21 NSWLR 614 (SC) 670. However, in the particular cases the orders made effectively dispose of t he individual claims. The Court is, therefore, of the view that, upon appropriate terms, leave to appeal should be granted so that the orders that have been made can be reviewed in this Court. For that purpose the Court enlarged the summons to permit the claimant, Baltic Shipping Company, to challenge certain orders which Carruthers J made on 25 June 1993.
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