Piety Developments Pty Ltd v Cumberland City Council [2024] NSWCA 18

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Piety Developments Pty Ltd v Cumberland City Council [2024] NSWCA 18 Hearing dates: 5 February 2024 Date of orders: 5 February 2024 Decision date: 05 February 2024 Before: Gleeson JA Decision: (1) That order (2) made by Parker J on 15 December 2023 be stayed pending the determination of the appeal. (2) Note the undertaking given by the appellant by its counsel to prosecute the appeal with due diligence. (3) Expedite the hearing of the appeal. (4) Grant leave to the parties to approach the Registrar to obtain a hearing date with an estimate of one day. (5) Stand over the proceedings before the Registrar on 12 February 2024 and direct the parties to agree in advance of that date a timetable for the preparation of the appeal books and exchange of written submissions. (6) Costs of the appellant's motion filed 2 February 2024 will be costs in the cause. Catchwords: CIVIL PROCEDURE — stay of judgment pending appeal — where primary judge dismissed claim for specific performance of contract for sale of land and discharged injunction restraining respondent Council from considering rescission motion — where respondent acknowledged that appeal raised serious issues — whether balance of convenience or balance of hardship favours stay of order discharging interlocutory injunction 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 Category: Procedural rulings Parties: Piety Developments Pty Ltd (Appellant) Cumberland City Council (First respondent) Bilal El-Cheikh (Second respondent) Representation: Counsel: Mr F Corsaro SC (Appellant) Mr A J McInerney SC (First respondent)