Principle

CIVIL PROCEDURE – Stay of Execution – Alleged Denial of Fair Hearing May Constitute Exceptional Circumstance

Area of law: PRACTICE AND PROCEDURE
Court: Supreme Court

Denial of fair hearing is a fundamental breach. If there is a reasonable argument that fair hearing was denied, a stay may be granted. The principle applies because a judgment obtained without fair hearing is a nullity. The court will examine the record for evidence…

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