DeMarco v Macey [2022] NSWSC 327

Supreme Court New South Wales

Medium Neutral Citation: DeMarco v Macey [2022] NSWSC 327 Hearing dates: 18 March 2022 Date of orders: 18 March 2022 Decision date: 24 March 2022 Jurisdiction: Common Law Before: Lonergan J Decision: (1) The Court grants leave for the notice of motion filed on 18 March 2022 to be returnable instanter. (2) The time for service of this notice of motion is abridged to 18 March 2022. (3) On account of the plaintiff giving the usual undertaking as to damages: i. Pursuant to r.50.7 of the Uniform Civil Procedure Rules 2005 (NSW) the orders made by the Appeal Panel of the Civil and Administrative Tribunal of NSW on 28 September 2021 and any related orders as to costs are stayed until 8 April 2022 ii. Pursuant to s.135(1) of the Civil Procedure Act 2005 (NSW) the Defendants are restrained from enforcing the judgment entered in the District Court on 17 November 2021 pursuant to the above orders of the Appeal Panel of the Civil and Administrative Tribunal of NSW of 28 September 2021 until 8 April 2022. (4) Costs of this motion are costs in the cause. (5) These orders are to be entered forthwith. Catchwords: CIVIL PROCEDURE - Stay pending hearing of appeal from NCAT Panel decision – short stay to 9 April 2022 to allow appeal to be heard – execution of judgment from NCAT affects plaintiff's building license – urgent stay required Legislation Cited: Civil Procedure Act 2005 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: DeMarco v Macey (No 2) [2021] NSWCATAP 354 Category: Procedural rulings Parties: Godfrey DeMarco (Plaintiff) David Macey (First Defendant) Debbie Macey (Second Defendant) Representation: Counsel: C Lambert (Plaintiff) C Mobellan (Defendants)