QLDQCA
Elphick v MMI General Insurance Ltd & Anor [2002] QCA 347
[2002] QCA 347
Court of Appeal (Qld)|2002-09-06|Before: Jerrard JA
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Source factsCourt
Court of Appeal (Qld)
Decision date
2002-09-06
Before
Jerrard JA
Catchwords
- APPEAL AND NEW TRIAL – APPEAL PRACTICE AND PROCEDURE –
- QUEENSLAND – STAY OF PROCEEDINGS – GENERAL PRINCIPLES
- AS TO GRANT OR
- REFUSAL – where applicant appeals against judgment of Supreme Court which
Source
Original judgment source is linked above.
Catchwords
APPEAL AND NEW TRIAL – APPEAL PRACTICE AND PROCEDURE –QUEENSLAND – STAY OF PROCEEDINGS – GENERAL PRINCIPLESAS TO GRANT ORREFUSAL – where applicant appeals against judgment of Supreme Court whichrefused application for stay of execution– where applicant originallybrought application for stay pursuant to r 761(2) or r 800 Uniform CivilProcedure Rules 1999 (Qld) – where applicant conceded during hearingthat neither rule could apply and that inherent jurisdiction of this Courtwouldsuffice – where applicant/defendant amended application during hearing torequest an order staying execution of the ordersof the learned trial judgeconditioned upon the prompt application for an order setting off its assessedcosts payable by the respondent/plaintiffagainst the sums it is required to paythe respondent/plaintiffRules of the Supreme Court 1900 (Qld), O 91 r 11Uniform CivilProcedure Rules 1999 (Qld), r 761(2), r 800, Ch 9 Pt 5