Dragon Property Development & Investment Pty Ltd v 183 Eastwood Pty Ltd (No 3) [2022] NSWSC 1271

Supreme Court New South Wales

Medium Neutral Citation: Dragon Property Development & Investment Pty Ltd v 183 Eastwood Pty Ltd (No 3) [2022] NSWSC 1271 Hearing dates: 20 September 2022 Decision date: 20 September 2022 Jurisdiction: Equity Before: Peden J Decision: (1) Stay the execution of Order 1 made on 6 July 2022 and Order 2 made on 27 July 2022 until 5pm on 4 October 2022. (2) Costs of the applicant's motion are costs in the appeal. The Court notes the undertaking of the plaintiff that: (3) It will hold the sum of $47,045.99 recovered as part of the judgment debt in the trust account of Lexsons Law Firm, with such funds not to be dispersed or transferred out of that account without further order of the Court or consent of the parties. (4) Any further amount of the judgment sum paid to or received by the plaintiff will be held in the trust account of Lexsons Law Firm and will not be dispersed or transferred out of that account without further order of the Court or consent of the parties. Catchwords: CIVIL PROCEDURE — Stay of proceedings — Pending appeal — Where stay would render appeal proceedings abortive or nugatory — Where no arguable grounds to the appeal — Where interim stay granted to allow appellant to apply to Court of Appeal Cases Cited: Alexander v Cambridge Credit Corporation Ltd (1985) 2 NSWLR 685 Bryant v Commonwealth Bank of Australia (1996) 134 ALR 460 Hickey v Land Enviro Corp Pty Ltd [2014] NSWSC 472 McLean Tecnic v Digi-Tech (2002) 55 NSWLR 77 Penrith Whitewater Stadium Ltd v Lesvos Pty Ltd [2007] NSWCA 103 Port Macquarie Hastings Council v Diveva Pty Ltd t/a Midcoast Road Services [2017] NSWCA 4 Yolarno Pty Ltd v Shandong Delisi Food Co Ltd [2022] NSWCA 30 Category: Procedural rulings Parties: Dragon Property & Investment Pty Ltd (Plaintiff) 183 Eastwood Pty Ltd (Defendant) Representation: Counsel: A Cheshire SC and A Rizk (Plaintiff) F Lim, Solicitor (Defendant)