GR MAILMAN and ASSOCIATES PTY LTD v WORMALD INTERNATIONAL (AUSTRALIA) PTY LTD [1991] NSWCA 97

GR MAILMAN and ASSOCIATES PTY LTD vy WORMALD INTERNATIONAL (AUSTRALIA) PTY LTD

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

SAMUELS JA 11 February 1991 [1991] NSWCA 97

Samuels JA There are two notices of motion in this matter, one seeking expedition and one seeking a stay of execution of certain orders made by Waddell CJ in Equity against which the claimant appeals. The opponent does not oppose an order for expedition, though it does not actively seek one. It does oppose a stay of execution but that, I think in the circumstances, can be readily disposed of. I think that the material in the affidavit of G R Mailman of 7 February 1991 indicates that this is a matter that should be expedited. If it is expedited and heard soon then no real problem arises about the orders which the claimant seeks to have stayed.

Accordingly I make the following orders.

I expedite the appeal and, noting the estimate of half a day plus, I fix it for hearing on 20 February on which half a day is available and reserve half a day on 21 February to complete the hearing, should that be necessary.

The claimant will undertake the task of preparing the appeal papers and I order that they be filed and served by 4.00 pm on Thursday, 14 February 1991.

I order written submissions to be filed and served by 4.00 pm on Monday, 18 February 1991.

I order that the costs of these applications shall be costs in the appeal.

I stay execution in terms of para (1) of the claimant's notice of motion of 14 December 1990.

MR CAMPBELL QC: The order that your Honour made for written submissions is one which appears to contemplate that both parties file their submissions simultaneously? HIS HONOUR: Yes.