CACHIA v ST GEORGE BUILDING SOCIETY LTD [1991] NSWCA 41

CACHIA v ST GEORGE BUILDING SOCIETY LTD

SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL

PRIESTLEY JA 20 September 1991

[1991] NSWCA 41

Priestley JA. On 3 October 1990 Cole J, after a hearing which, according to documents before me, took place on 17 and 18 September 1990, dismissed proceedings brought by Mr Cachia as plaintiff against St George Building Society Ltd as defendant. He ordered that there should be judgment for the defendant and that the plaintiff should pay the defendant's costs.

Mr Cachia duly lodged a notice of appeal. In the course of getting the appeal papers in order for the hearing, there was some argument about how much material should be included. However, it seems that those disputes are resolved and that the appeal papers will soon be printed.

On 12 August 1991 the defendant filed its Bill of Costs for taxation. The plaintiff thereafter filed a Statement of Objection to the Bill.

By notice of motion filed on 2 September 1991, which came before me on 16 September 1991, the plaintiff applied for a stay of execution of the judgment against him and askedfor other orders relating to the preparation of the appeal papers. However, in the course of argument I was told that the matters concerning the appeal papers had been resolved and the only issue was whether or not a stay should be granted.

The question concerning the stay related only to the defendant's continuation of its efforts to get the benefit of the costs order made in its favour by Cole J. The plaintiff's case concerning this was that he expected to win the appeal, so that the costs order against him would be reversed and the time and cost expended in the various aspects of taxing the Bill of Costs against him, and afterwards obtaining payment of the taxed amount, would all be wasted. Further, the plaintiff offered, in order to reduce any possibility of prejudice to the defendant if a stay were granted, to give security for any amount he became liable to pay under the costs order made by Cole J.