LONGREACH GOLD OIL LTD v GENOA RESOURCES PTY LTD (IN LIQUIDATION) [NO 1] [1991] NSWCA 175

LONGREACH GOLD OIL LTD v GENOA RESOURCES PTY LTD (IN LIQUIDATION) [No 1]

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

KIRBY P 3 September 1991, 3 September 1991 [1991] NSWCA 175

PRACTICE and PROCEDURE — stay — appeal as of right to Court of Appeal — belated application — earlier summons for leave to appeal from interlocutory order refused — no evidence to support basis of challenge to judgment — claimant a public company — opponents in liquidation — held: A short stay should be provided to the next motion list to permit evidence to be filed within a strict timetable — costs order on solicitor and client basis. Corporations Act 1989 (Cth), s460(2)(a). ORDERS 1. Order that the execution of the judgment of Brownie J in the Commercial Division of the Supreme Court in proceedings number 50429/80 be stayed until 4 pm on Monday 9 September 1991, or until any further or other order of a Judge of Appeal or of the Court; and 2. That the claimant pay the opponent's costs of the motion on a solicitor and client basis.

Kirby P Before the Court is a problem which is common to the administration ofjustice. It has been faced by judges virtually every day in the 800 year old history of our system. It is the need for urgent relief where the party seeking relief is not in a position to support its claim with evidence but promises shortly to do so.

An urgent application came before Young J this morning for the stay of an order in the Commercial Division of the Supreme Court. Correctly, his Honour referred the matter to the Court of Appeal. The matter was listed before me, urgently, at 2.15 pm. In the way the matter has proceeded, I am asked to deal with the claimant's application without proper evidence. Such evidence is not before me now. Accordingly, I gave leave to counsel for the claimant to outline orally the nature of the material which he would seek to place before the Court if time were allowed within which the claimant could file evidence in the normal way, returning the motion then in the ordinary motion list of the Court on Monday next.