Scrivener v Cappello [2021] NSWCA 239

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Scrivener v Cappello [2021] NSWCA 239 Hearing dates: 29 September 2021 Date of orders: 1 October 2021 Decision date: 01 October 2021 Before: Macfarlan JA Decision: (1) Upon the first and second respondents undertaking to the Court within 7 days (a) that any proceeds of enforcement of the subject judgments will be paid into the trust account of their solicitors, RJI Legal, pending final orders being made disposing of the appeal and cross-appeal in these proceedings and (b) that neither of them will cause a Bankruptcy Notice to be issued or served on the appellant prior to final orders being made disposing of the appeal and cross-appeal in these proceedings, the appellant's Notice of Motion seeking a stay is dismissed. (2) Order (1) is to take effect upon the first and second respondents filing in the Court signed undertakings to the Court as described above. (3) Leave is granted to the appellant to relist his motion for further hearing in the event that the undertakings referred to in Order (1) are not filed within 7 days of the date of these orders. (4) The costs of the motion for the stay are the first and second respondents' costs in the appeal. Catchwords: APPEALS – procedure – application for stay of judgment pending appeal – stay refused on the condition that the first and second respondents give certain undertakings Cases Cited: Alexander v Cambridge Credit Corporation Ltd (1985) 2 NSWLR 685 Category: Procedural rulings Parties: Mr John Sidney Scrivener (Appellant) Mr John Cappello (First Respondent) Shaka Holdings Pty Ltd (Second Respondent) Tuscany Corporation Pty Ltd (Third Respondent) Representation: Counsel: B DeBuse (Appellant) D Rayment (First and Second Respondents) No appearance (Third Respondent)