McEvoy v Wagglens Pty Ltd [2020] NSWCA 330

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: McEvoy v Wagglens Pty Ltd [2020] NSWCA 330 Hearing dates: 14 December 2020 Date of orders: 14 December 2020 Decision date: 14 December 2020 Before: Basten JA Decision: Notice of motion filed 8 December 2020 dismissed with costs. Catchwords: APPEAL – stay – application for stay of garnishee pending appeal – appeal from judgment in Division on appeal from Local Court – respondent seeking to enforce costs orders – garnishee order issued – whether application for leave had reasonable prospects of success – small amount relative to statutory threshold for appeal as of right – no statement of specific grounds – likelihood of success leading to reversal of costs orders – evidence of non-recoverability if payments obtained PRACTICE AND PROCEDURE – subpoenas and notices to produce – application to issue for purposes of appeal – need to show arguable case for adducing further evidence on appeal PRACTICE AND PROCEDURE – appeal – submissions – application for waiver of rule limiting length of summary of argument – straightforward factual case – no basis for lengthy submissions Legislation Cited: Supreme Court Act 1970 (NSW), s 75A Category: Procedural and other rulings Parties: Fentin McEvoy (Applicant) Wagglens Pty Ltd (First Respondent) Roderick Cloonan Marr (Second Respondent) Representation: Counsel: Applicant unrepresented Ms K MacDonald (Solicitor) (Respondents)

Solicitors: Applicant unrepresented KMD Law and Advisory (Respondents) File Number(s): 2020/173957 Decision under appeal Court or tribunal: Supreme Court Jurisdiction: Common Law Division Citation: [2020] NSWSC 575 Date of Decision: 15 May 2020 Before: Ierace J File Number(s): 2019/45874