McBRIDE v DUCEINO PTY LIMITED [1993] NSWCA 175

McBRIDE v DUCEINO PTY LIMITED

SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL

HANDLEY JA 23 August 1993

[1993] NSWCA 175

Handley JA. In this matter the appellants seek a stay of execution on a judgment in the District Court in the amount of $28,000, pending the hearing of the appeal. It seems to me, having read the affidavit of the second claimant of 23 August and having heard Mr Seton, that further information should be provided in affidavit form by the claimants. To enable this to be done I adjourn the further hearing of this application to Monday, 6 September at 9.30am.

I direct the claimants to file and serve a further affidavit or affidavits on or before 4.00pm on Wednesday, | September. The affidavit/s should deal with the ownership of the farm properties known as 'The Island' and 'Barrington', the ownership of the plant and machinery referred to in the affidavit of Patricia Mary McBride of 23 August and, in particular, whether such plant and machinery is under lease or hire purchase finance, the ownership of the stud cattle and the imported Canadian stud bull, and whether any of these assets are subject to any mortgage security, either to the mortgagee holding security over the farm properties or some other mortgagee.

Ihave it in mind that if, in fact, the appellants own either plant and machinery which is unencumbered, or cattle which are unencumbered, that either a bill of sale or a stock mortgage should be granted in favour of the judgment creditor on appropriate conditions to provide it with security for its judgment until the hearing of the appeal.

I reserve the costs.

Orders accordingly.