COLOURRENDER (AUSTRALIA) Pty Ltd v Sarkis [2022] NSWCATAP 291

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: COLOURRENDER (AUSTRALIA) Pty Ltd v Sarkis [2022] NSWCATAP 291 Hearing dates: 12 & 19 August 2022 Date of orders: 19 August 2022 Decision date: 08 September 2022 Jurisdiction: Appeal Panel Before: A Suthers, Principal Member Decision: (1) Pending further order of the Appeal Panel, order 2 made in the proceeding at first instance is effective only to the extent of requiring the appellant to pay the respondent the sum of $64,000.00. (2) The Application for a Stay is otherwise dismissed. (3) The appellant has leave to renew its application for a stay in respect of the award of costs at first instance in the event that it is required to lodge a response to a costs assessment application, in respect of those costs, prior to determination of the appeal. (4) The appellant is to pay the respondents' costs of the application for a stay, fixed in the sum of $8500.00 For the avoidance of doubt, this order incorporates the costs ordered on 12 August 2022 at order 15, and the costs are payable immediately. Catchwords: PRACTICE AND PROCEDURE – application for a stay – need for evidence to substantiate allegation appeal may be rendered nugatory due to liquidation of appellant company if judgment enforced – need for thorough and candid disclosure of financial position Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Home Building Act 1989 (NSW) Cases Cited: Beck v Colonial Staff Super Pty Ltd and Ors (No 2) [2015] NSWSC 1360 Bentran v Sabbarton [2014] NSWCATAP 37 Cockle v Isaksen (1957) 99 CLR 155 at 161; [1957] HCA 85 Cook's Constructions v Stork Food Systems Aust Pty Ltd [2008] QCA 322 Coulton v Holcombe (1986) 162 CLR 1; [1986] HCA 33 Diao v Rawson Homes Pty Ltd [2021] NSWCATAP 273 Federated Amalgamated Government Railway and Tramway Service Association v The New South Wales Railway Traffic Employees' Association (1906) 4 CLR 488 at 493-495; [1906] HCA 94 McMillan v Coolah Tourist Park Pty Ltd [2021] NSWCATAP 73 Metwally v University of Wollongong (1985) 59 ALJR 481; [1985] HCA 28 New South Wales Bar Association v Stevens [2003] NSWCA 95 Penrith Whitewater Stadium Ltd v Lesvos Pty Ltd [2007] NSWCA 103 SAS Trustee Corporation v Rossetti [2018] NSWCA 68 Texts Cited: None cited Category: Principal judgment Parties: COLOURRENDER (AUSTRALIA) Pty Ltd (Appellant) George Sarkis (First Respondent) Sonya Sarkis (Second Respondent) Representation: Counsel: M Luitingh (Appellant) R Zikmann (Respondents)