Carver v State of New South Wales [2023] NSWCA 223

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Carver v State of New South Wales [2023] NSWCA 223 Hearing dates: 13 September 2023 Date of orders: 13 September 2023 Decision date: 13 September 2023 Before: Gleeson JA Decision: (1) Stay enforcement of the judgment given on 14 July 2023, as corrected on 17 August 2023, pending the determination of the appeal. (2) Note the undertaking given by the appellant in his affidavit to prosecute the appeal with diligence. (3) Expedite the hearing of the appeal. (4) Grant leave to the parties to approach the Associate to Ward P to obtain a hearing date with an estimate of one day. (5) Note that the proceedings are listed before the Registrar on 20 September 2023 and direct the parties to agree in advance of that date a timetable for the exchange of written submissions and the preparation of the appeal books. (6) Costs of the appellant's motion will be costs in the cause. Catchwords: CIVIL PROCEDURE — Court of Appeal — Stay of judgment pending appeal — Judgment for possession of Crown land — Where applicant claims adverse possession — Whether proposed appeal raises an arguable case — Whether balance of convenience favours stay of enforcement of judgment Legislation Cited: Crown Land Management Act 2016 (NSW), s 13 Limitation Act 1969 (NSW), ss 27, 28 Cases Cited: Alexander v Cambridge Credit Corporation Ltd (1985) 2 NSWLR 685 Kalifair Pty Ltd v Digi-Tech (Australia) Ltd (2002) 55 NSWLR 737; [2002] NSWCA 383 State of New South Wales v Carver [2023] NSWSC 828 State of New South Wales v Carver (No 2) [2023] NSWSC 972 Category: Procedural rulings Parties: Peter Carver (Applicant) State of New South Wales, Department of Planning, Industry and Environment (Respondent) Representation: Counsel: Mr P Tomasetti SC (Appellant) Ms K C Morgan SC / Ms I King (Respondent)