NSW Caselaw
New South Wales Supreme Court
CITATION : Hurt & 6 Ors v Freeman [2002] NSWSC 367 CURRENT JURISDICTION: Equity FILE NUMBER(S) : SC 4126/99 HEARING DATE(S) : 29/04/02 JUDGMENT DATE : 29 April 2002
Bruce Raymond Mostyn HURT First Plaintiff/Respondent Robert Charles Mostyn HURT Second Plaintiff/Respondent Sally Mostyn WHITE (nee Hurt) Third Plaintiff/Respondent Gina Mostyn SUTTON (nee Hurt) PARTIES : Fourth Plaintiff/Respondent Andrew Bruce Mostyn HURT Fifth Plaintiff/Respondent Eric Kenneth Mostyn HURT Sixth Plaintiff/Respondent Robert Thomas Mostyn HURT Seventh Plaintiff/Respondent Raymond Sydney FREEMAN First Defendant/Applicant JUDGMENT OF : Santow J
COUNSEL : J E Robson (Applicant/Defendant) R A Dick (Respondents/Plaintiffs) SOLICITORS : Makinson & d'Apice (Applicant/Defendant) Kanjian & Company (Respondents/Plaintiffs) CATCHWORDS : PROCEDURE - Stay of execution - Application by Defendant where Plaintiff has successfully obtained judgment at trial and Defendant seeks to fund his appeal from assets frozen pending the appeal and falling well short of the judgment - Relevant principles - short stay granted. CASES CITED : Alexander v Cambridge Credit Corporation Limited (1985) 2 NSWLR 685 Re Middle Harbour Investments (in liq) (Court of Appeal, 15 December 1976, unreported) DECISION : Short stay granted.
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