M & W Zaki Pty Ltd v MindChamps Preschool Ltd [2022] NSWCA 140

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: M & W Zaki Pty Ltd v MindChamps Preschool Ltd [2022] NSWCA 140 Hearing dates: 01 August 2022 Decision date: 01 August 2022 Before: Leeming JA Decision: 1. Orders 1 and 2 of the decision of Slattery J of 1 July 2022 be stayed pending the determination of the appeal from those orders or until further order on condition that the first, second and third appellants undertake to pay the judgment sum plus interest pursuant to ss 100 and 101 of the Civil Procedure Act 2005 (NSW) in the amount of $643,500 into court. 2. Direct that the amount of $643,500 is to be paid into court by 4pm Friday 5 August 2022. 3. Grant liberty to apply on two working days' notice by email to my Associate in relation to any issue arising out of 1 and 2 above. 4. Direct the appellants to file and serve their written submissions in support of the appeal on or before Tuesday 16 August 2022. 5. Vacate the listing of the appeal before the Registrar on Wednesday 17 August 2022. 6. Stand the appeal over for directions before the Registrar on Monday 22 August 2022 noting that it is anticipated that by that time the respondents will have informed the appellants whether or not there is to be a cross-appeal, and if so, the length of the hearing of the appeal and cross-appeal which is required, in the expectation that on 22 August, the parties will receive a date for hearing of the appeal and any cross-appeal. 7. The costs of the notice of motion filed 28 July 2022 are costs in the appeal. Catchwords: PRACTICE – appeals – stay of execution – whether judgment sum should be paid into court – respondent a listed company based in Singapore – no local assets against which execution readily available – risk of expense and inconvenience if necessary to enforce NSW judgment in Singapore – no evidence of any prejudice – applicant proffering expedited appeal – stay granted Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), r 1.11(2) Cases Cited: Alexander v Cambridge Credit Corporation Ltd (1985) 2 NSWLR 685 Mindchamps Preschool Ltd v M & W Zaki Pty Ltd ATF the Zaki Group Trust & Ors [2022] NSWSC 881 Vaughan v Dawson [2008] NSWCA 169 Yeshiva Synagogue Inc v Karimbla Properties (No 10) Pty Ltd as Trustee of the Harry Triguboff Foundation [2017] NSWCA 331 Category: Procedural rulings Parties: M & W Zaki Pty Ltd (First Appellant/First Applicant) Child Care Income Protection Pty Ltd (Second Appellant/Second Applicant) Mark Zaki (Third Appellant/Third Applicant) MindChamps Preschool Ltd (Respondent) Representation: Counsel: R Newlinds SC (Appellants/Applicants) J Burnett (Respondent)