Nu-Stone Building Pty Ltd v McInerney [2023] NSWSC 67

Supreme Court New South Wales

Medium Neutral Citation: Nu-Stone Building Pty Ltd v McInerney [2023] NSWSC 67 Hearing dates: 08 February 2023 Date of orders: 09 February 2023 Decision date: 09 February 2023 Jurisdiction: Common Law Before: Wright J Decision: (1) Orders 3 and 4 made by the Appeal Panel of the Civil and Administrative Tribunal of New South Wales on 14 November 2022 are stayed until the determination of the plaintiff's application for leave to appeal made by the summons filed on 2 September 2022 and of any appeal, if leave is granted. (2) The costs of this motion are to be costs in the cause. (3) The hearing of the plaintiff's application for leave to appeal and, if leave is granted, the appeal are listed for hearing on 21 and 22 June 2023. Catchwords: PRACTICE AND PROCEDURE – Application for a stay of proceedings pending determination of application for leave to appeal and any appeal from a decision of the Appeal Panel of the Civil and Administrative Tribunal of New South Wales – Whether there is an arguable ground of appeal on a question of law – Whether arguable that leave to appeal would be granted – Where there is a risk of substantial prejudice to the plaintiff if that the orders are not stayed – Where there is no or limited risk of substantial prejudice to the defendants if the orders are stayed – Balance of convenience and the interests of justice favour the granting of a stay Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 78, 83 Home Building Act 1989 (NSW), s 42A Uniform Civil Procedure Rules 2005 (NSW), r 50.7 Cases Cited: Alexander v Cambridge Credit Corporation Ltd (1985) 2 NSWLR 685 Chen v Lym International; Chen v Marcolongo [2009] NSWCA 121 Dwyer v National Companies & Securities Commission (1988) 15 NSWLR 285 Kalafair Pty Limited v Digitec (Australia) Pty Limited (2002) 55 NSWLR 737; [2002] NSWCA 383 Mushroom Composters Pty Ltd v IS & DE Robertson Pty Ltd [2014] NSWCA 231 NSW Bar Association v Stevens [2003] NSWCA 95 NSW Land and Housing Corp v Orr (2019) 100 NSWLR 578; [2019] NSWCA 231 Nu-Stone Building Pty Ltd v McInerney [2022] NSWCATAP 285 Penrith Whitewater Stadium Ltd v Lesvos Pty Ltd [2007] NSWCA 103 Stoker v Adecco Gemvale Constructions Pty Ltd [2004] NSWCA 449 Vaughan v Dawson [2008] NSWCA 169 Welsch v Carnival PLC t/as Carnival Australia [2014] NSWCA 430 Yolarno Pty Ltd v Shandong Delisi Food Co Ltd [2022] NSWCA 30 Category: Procedural rulings Parties: Nu-Stone Building Pty Ltd (Plaintiff)