Grant v Baulkham Hills Shire Council

[2001] NSWCA 107

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Stay of execution
3. › Discharge of stay
4. › Appeal discontinued by trustee in bankruptcy
5. › No extant proceedings to overcome order at first instance
6. › Whether stay should be discharged
1. Practice and Procedure
2. › Stay of execution
3. › Costs order
4. › Whether stay of costs order should be granted after appeal discontinued
5. › Discretionary considerations
1. Practice and Procedure
2. › Execution
3. › Writ of possession
4. › Time to vacate
5. › Balancing entitlement to possession against impact on occupant

Quick Take

Where an appeal in which a stay of execution was granted is discontinued, the stay should prima facie be discharged. A stay of a costs order will not be granted where the time for seeking such a stay has long passed and the basis for the original stay (facilitating separate proceedings) would not have affected the costs order even if successful.

Case Details

Citation[2001] NSWCA 107

CourtNSWCA

JurisdictionNew South Wales

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Cited by1

2012Nerez Grant v Gwendoline Peggy Hall & OrsNSWSC 779

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