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Decisions of the Superior Courts of New South Wales, 1788-1899

Lord v. Wentworth (1828) NSW Sel Cas (Dowling) 884; [1829] NSWSupC 78

Privy Council - appeal, stay of execution

Supreme Court of New South Wales

Hearing, 29 December 1829

Source: Dowling, Select Cases, Vol. 2, Archives Office of N.S.W., 2/3462

[p. 271] [An appeal to the King in Council from a decision of the Supreme Court, does not at Common Law, operate as a stay of Execution.]

December 29 1829

Lord v Wentworth

Keith renewed his application in this case to know the opinion of the Court as to the right of the Plaintiff to appeal against the decision which had taken place during the decision his object was to stay execution until the appeal was determined the Plaintiff giving security for the amount recovered.

The Court had no doubt of the Plaintiff's right of appeal to the King in Council at common Law for any amount in default of any Colonial Law to the contrary.  The appeal clause in the old Charter of [p. 272] Justice was rendered nugatory by the 9 G 4. C. 83. and therefore the Plaintiff could only appeal at Common Law, but in that case the Court had no power of staying execution, and therefore the Plaintiff could take nothing by his motions.

Refused

Published by the Division of Law, Macquarie University