MAILMAN v CHALLENGE BANK LIMITED [1991] NSWCA 180

MAILMAN v CHALLENGE BANK LIMITED

SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL

MAHONEY JA

11 November 1991

[1991] NSWCA 180

Mahoney JA. In this matter an application was made for a stay of execution upon a judgment. The judgment was for a substantial amount. In due course the Court made orders granting a conditional stay. I am informed that the orders were made on | July 1991 and a copy of the short minutes of order have been handed to me by counsel. The stay provided:

That execution on and all proceedings against the appellants under the judgment entered herein on 31 May 1991 be stayed pending hearing of the appeal herein and judgment of the Court of Appeal thereon provided the appellants comply with the conditions specified in paragraph 2 hereof.

Paragraph 2 of the short minutes of order so far as it is now relevant provided:

1. That the conditions to be complied with by the appellants are as follows:

(c) Within fourteen (14 days) after the appellants and the respondent agree upon the form of the documents necessary to secure the said judgment debt over the subject assets (or after the form of those documents has been settled by the Registrar pursuant to paragraph (d)) the appellants must deliver to therespondent's solicitors each such document in the form agreed, duly executed by the appellants, stamped and otherwise in registrable form together with:

(i)

(ii)

the Certificate of Title to each of the subject assets or where such Certificate of Title is not under the control of the appellants or respondent evidence of its production to the Land Titles Office to permit registration of the mortgage granted to the respondent; and sufficient moneys to cover the payment of all necessary registration fees in connection with those documents.

'

It is common ground that the parties agreed upon the form of the documents or otherwise they were settled and the Court has been informed that agreement took place not later than 24 July 1991, so that the period of fourteen days specified in cl (2)(c) of the order expired not later than 7 August 1991.