Visual Building Construction Pty Ltd v Chaloner [2020] NSWSC 1371

Supreme Court New South Wales

Medium Neutral Citation: Visual Building Construction Pty Ltd v Chaloner [2020] NSWSC 1371 Hearing dates: 7 October 2020 Date of orders: 7 October 2020 Decision date: 07 October 2020 Jurisdiction: Common Law Before: Cavanagh J Decision: (1) The Plaintiff's Notice of Motion filed on 31 January 2020 is dismissed. Catchwords: APPEALS — Jurisdiction of appellate court — Supreme Court — Application to Supreme Court for leave to appeal decision of Supreme Court APPEALS — Procedure — Stay pending appeal Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 83. Category: Principal judgment Parties: Visual Building Construction Pty Limited (Plaintiff) Lance Chaloner (First Respondent) Sandra Jean Chaloner (Second Respondent) Representation: Plaintiff (self-represented) First and Second Respondents (self-represented) File Number(s): 2018/272955 Publication restriction: Nil

REVISED EX TEMPORE Judgment 1. This matter comes before the Court by way of a notice of motion filed by the plaintiff, Visual Building Construction Pty Ltd, on 31 January 2020. The defendants/respondents to the motion are Lance Chaloner and Sandra Jean Chaloner. 2. Mr Shehata, who is a director of the plaintiff company, appears by telephone today. Mr Chaloner, who is the first respondent to the motion, appears by AVL. His wife, Sandra Jean Chaloner, did not appear but Mr Chaloner was granted leave to make submissions on behalf of both respondents. 3. As set out in the motion, the plaintiff seeks a number of orders, including: 1. The enforcement of the judgment entered on 11 December 2019 be stayed on an ex parte basis pending the hearing of the motion. 2. To the extent that an extension of time is required, that it be granted. 3. To the extent that leave to appeal is required, that leave be granted. 4. Appeal allowed. 5. Respondents pay the applicant's costs. 1. In support of this application, the plaintiff relies on an affidavit of Yousef Shehata dated 31 January 2020.