NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Carkeek v William (trading as Aubrey F Crawley & Co) [2023] NSWSC 1269 Hearing dates: 28 August 2023 Date of orders: 26 October 2023 Decision date: 26 October 2023 Jurisdiction: Common Law Before: Harrison AsJ Decision: (1) The plaintiffs are granted a stay on the execution of the judgment in the District Court dated 30 January 2023 until further order of this Court. (2) Each party is to pay their own costs. Catchwords: STAY APPLICATION – Judgment – Bankruptcy notice – Explanation for delay – Reasons for stay – Incorrect quantum – GST error – Demonstration of prejudice – Stay granted – Pro bono certificate issued to Second Plaintiff. Legislation Cited: Civil Procedure Act 2005 (NSW) s 67. Legal Profession Uniform Law Application Act 2014 (NSW) ss 69, 70 and 90. Uniform Civil Procedure Rules 2005 (NSW) rr 50.3 and 51.44. Cases Cited: Cook's Constructions Pty Ltd v Stork Food Systems Australasia Pty Ltd [2008] 2 Qld R 453. Penrith Whitewater Stadium Ltd v Lesvos Pty Ltd [2007] NSWCA 103. Category: Procedural rulings Parties: Stephen Robert Carkeek (First Plaintiff) Sophie Pamela Carkeek (Second Plaintiff) Christopher William (trading as Aubrey F Crawley & Co (First Defendant) Stephen Lancken (Second Defendant) Christopher Plummer (Third Defendant) Representation: Counsel:
Self-Represented (First Defendant) Self-Represented (Second Defendant) A. Ogborne (First Defendant)
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