NSW Caselaw
New South Wales Supreme Court
CITATION : WEBB & ANOR v GLEN EDEN VALE PTY LIMITED [2008] NSWSC 123 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 14/02/08 JURISDICTION : COMMON LAW DIVISION
JUDGMENT OF : Adams J at 1
EX TEMPORE JUDGMENT DATE : 14 February 2008
DECISION : Execution of the judgment of the Local Court dated 21 December 2007 is stayed. If the sum of $74,473.93 is not paid into Court by the plaintiffs by the close of business on 21 February 2008 the stay is dissolved and the defendant may execute the said judgment. I order the plaintiffs to pay the defendant's costs of proceedings No 10249 of 2008.
CATCHWORDS : Appeal from Local Court whether judgment should be stayed - prospects of success of the appeal - relevance of illness of appealing party.
CATEGORY : Principal judgment
CASES CITED : Walton Stores Interstate Ltd v Maher (1988) 164 CLR 387
GRAHAM BRUCE WEBB PARTIES : LYNDY ANNE WEBB (Plaintiffs) GLEN EDEN VALE PTY LIMITED ACN 000 711 124 (Defendant)
FILE NUMBER(S) : SC 2008/10249
COUNSEL : K McLean (Plaintiffs) M Bloom (Defendant)
SOLICITORS : McLean and Associates (Plaintiffs) Whittens Solicitors and Consultants (Defendant)
LOWER COURT JURISDICTION : Local Court
LOWER COURT FILE NUMBER(S) : 12735/2005
LOWER COURT JUDICIAL OFFICER : Maloney LCM
LOWER COURT DATE OF DECISION : 21/12/07
THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
ADAMS J
THURSDAY 14 FEBRUARY 2008
No 10249/08
GRAHAM BRUCE WEBB & ANOR v GLEN EDEN VALE PTY LIMITED
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