Donald Colin EVANS v CBFC LIMITED [1993] NSWCA 89

Donald Colin EVANS v CBFC LIMITED SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL

MAHONEY AP 26 October 1993

[1993] NSWCA 89

Mahoney AP. This matter comes before the court as a matter of urgency. There is, I understand, a judgment of 11 March 1993 given by Hunt CJ at CL against the appellants. The appellants have lodged a notice of appeal on a number of grounds and they have lodged a motion for the stay of the execution of the judgment pending the determination of the appeal. That motion is, I am informed, listed for hearing on 8 November 1993.

A request has been made to the respondent to the appeal, CBFC Limited, to consent to a stay of the execution of the judgment until the hearing of that motion. As I understand the position that request has been refused. Application has therefore been made to the court, as a matter of urgency, for a stay of execution of the judgment so as to allow that motion for a stay to be heard on 8 November 1993 or thereafter.

An application was made to me ex parte in chambers on Friday last to deal with the matter. In the circumstances I made an order that the matter be listed before the court this morning.

The terms of the order are set forth in a document which I have initialled and will place with the papers. It is, therefore, not necessary for me to set out the whole of the orders or the document. It is sufficient to indicate that I indicated to the Registrar by order that notice should be sent to the parties that the court would hear the matter on a preliminary basis this morning and I understand, at least I assume, that notice was sent to the respondent or their solicitors in accordance with the order which I then made. The respondent has not appeared this morning.

Upon that basis, and upon that assumption, I will make an order that the proceedings pending judgment be stayed up to and including 8 November 1993 or further order of the court.