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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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On what basis can an order of execution of a judgment

Resolved Question:

on what basis can an order for stay of execution of a judgment be granted, are there any case law that supports the such basis and can an application for a stay of execution be made before the same judge who granted the order
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
-Could you explain your situation a little more?
Customer: replied 2 years ago.

I am assisting to file an application for stay of execution of a judgment. the case is a judicial review case and it is in relation to a body who interpreted a section of an act. the aggrieved party not satisfied with the interpretation of the section by the body filed for judicial review. the judgment has been given in favour of the petitioner, now the body wants to appeal and apply for a stay. the judgment has nothing to do with claim of money but an interpretation of a section of a law.

Expert:  Ash replied 2 years ago.
So the decision is being challenged? Has permission to appeal that decision been given?
Customer: replied 2 years ago.

yes the decision is being challenged and application for leave for appeal will be filed same time as application for stay

Expert:  Ash replied 2 years ago.
Then no you can't get a stay until permission has been decided. If you have filed an application for permission the court can consider a stay at the same time. But until that application for permission has been granted the order can be enforced.
If it is costs they can't enforce until after 14 days in any event.
Can I clarify anything for you about this today please?
Alex
Ash and 2 other Law Specialists are ready to help you
Customer: replied 2 years ago.

noted with thanks

Expert:  Ash replied 2 years ago.
If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.
If you need more help please click reply.
Alex
Expert:  Ash replied 2 years ago.
Hi

I am just following up to see if there is anything else I can help with?

If you have not done so already might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex