AA v Trustees of the Roman Catholic Church for the Diocese of Maitland-Newcastle (No 4) [2024] NSWSC 1632

Supreme Court New South Wales

Medium Neutral Citation: AA v Trustees of the Roman Catholic Church for the Diocese of Maitland-Newcastle (No 4) [2024] NSWSC 1632 Hearing dates: 17 December 2024 Date of orders: 18 December 2024 Decision date: 18 December 2024 Jurisdiction: Common Law Before: Schmidt AJ Decision: 1. The defendant is to pay the plaintiff $18,000 of the judgment debt within 28 days. 2. The execution of the judgment debt to the plaintiff is otherwise stayed pending determination of the defendant's appeal. 3. Costs of this motion shall be costs in the cause. Catchwords: CIVIL PROCEDURE — judgment and orders — application for stay of execution pending appeal —where plaintiff will be unable to repay money if appeal were successful — departure from usual practice proposed by plaintiff — where plaintiff terminally ill and at risk of not surviving until appeal judgment is given— what justice requires — stay granted on terms Legislation Cited: Civil Procedure Act 2005 (NSW), s 56 Cases Cited: Alexander v Cambridge Credit Corporation Ltd (1985) 2 NSWLR 685 Bird v DP(a pseudonym) [2024] HCA 41 Michael Hill Jeweller (Australia) Pty Ltd v Gispac Pty Ltd [2024] NSWCA 128 Pamplin v Irwin [2024] NSWCA 112 Re Middle Harbour Investments Ltd (In Liq) (Court of Appeal (NSW), 15 December 1976, unreported) Woolworths Limited v Strong (No 2) (2011) 80 NSWLR 445; [2011] NSWCA 72 Texts Cited: Nil Category: Principal judgment Parties: AA (Plaintiff) Trustees of the Roman Catholic Church for the Diocese of Maitland-Newcastle (Defendant) Representation: Counsel: S Prince SC and PA Tierney (Plaintiff) C Robertson (Defendant)