Ryan v UPG 322 Pty Ltd (No 3) [2024] NSWSC 75

Supreme Court New South Wales

Medium Neutral Citation: Ryan v UPG 322 Pty Ltd (No 3) [2024] NSWSC 75 Hearing dates: 6 February 2024 Decision date: 06 February 2024 Jurisdiction: Equity Before: Hammerschlag CJ in Eq Decision: The application for a stay is dismissed with costs. Catchwords: CIVIL PROCEDURE — Stay of execution — Where the Court ordered the First and Second Defendants specifically to perform a Contract for the Sale of Land purchased by the First Defendant company whose obligations have been guaranteed by the Second Defendant – Where the Second Defendant (but not the First Defendant) has lodged an appeal against the orders against him – Where the First and Second Defendants have not complied with the Court's orders the operation of which have not been stayed – Where the Court made additional orders in aid of enforcement including an order for the Second Defendant to attend and be examined and the examination is imminent – Where the Second Defendant now seeks a stay of the specific performance orders but not a stay of the examination but opposes the examination taking place on the footing that costs will be incurred – Where the Second Defendant has not explained his default in complying with the specific performance orders – Where the Second Defendant's grounds for a stay are that, contrary to previous statements that the Defendants did not have the money to complete the Contract, he now says that they do or will have the money – Held the Second Defendant's appeal is arguable but the Second Defendant has not established circumstances warranting the grant of a stay – Obiter the Court would not have stayed the examination even if the orders for specific performance were stayed. Legislation Cited: Civil Procedure Act 2005 (NSW) s 108 Cases Cited: Ryan v UPG 322 Pty Ltd [2023] NSWSC 1293 Ryan v UPG 322 Pty Ltd (No 2) [2023] NSWSC 1629 Sunbird Plaza Pty Ltd v Maloney (1988) 166 CLR 245; [1988] HCA 11 Category: Procedural rulings Parties: Michael Carl Ryan (Plaintiff) UPG 322 Pty Limited (First Defendant) Bhart Bhushan (Second Defendant) Representation: Counsel: A J McInerney SC / E Dunlop (Plaintiff) M Sheldon / D Weinberger (First and Second Defendants)