Mr D v Ms P [2020] NSWCA 255

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Mr D v Ms P [2020] NSWCA 255 Hearing dates: 12 October 2020 Date of orders: 16 October 2020 Decision date: 16 October 2020 Before: Macfarlan JA Decision: (1) On the condition stated in order 3, order that the judgment of $979,550 ordered by Simpson AJ on 9 September 2020 be stayed to the extent of $679,550 of the judgment until determination of the appeal or further order. (2) On the condition stated in order 3, stay until determination of the appeal or further order the order for costs made by Simpson AJ on 16 March 2020. (3) The condition referred to in orders 1 and 2 is that within 7 days of the date of these orders, the appellant, Mr D, lodge with the Court and serve on the respondent a written undertaking to the Court that until determination of the appeal or further order: first he, whether by himself or by his attorney or other agent, will not dispose of or encumber any real property, securities or other assets owned by him, other than money in bank accounts; and secondly he will expeditiously prosecute his appeal. (4) Order that the costs of the appellant's notice of motion for a stay be costs in the appeal. Catchwords: APPEAL – application for stay of primary judgment – part of judgment unchallenged – partial stay ordered Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), r 51.44 Cases Cited: Alexander v Cambridge Credit Corporation Ltd (1985) 2 NSWLR 685 Fox v Percy (2003) 214 CLR 118; [2003] HCA 22 Category: Procedural and other rulings Parties: Mr D (Appellant) Ms P (Respondent) Representation: Counsel: P Glissan (Appellant) S Grey (Respondent)