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. Ireserve leave to the respondent, or any other party of the proceeding, to move for a rescission of this order on two days notice. I do that in case some of the mechanisms for bringing the matter to the attention of the respondent have not been carried out or have failed, in some way, to bring the matter properly to their attention. In the circumstances, they are entitled to move for rescission of this order upon two days notice and they may do so not merely upon the ground they have not received notice but upon any other ground that may be available to them. The costs of the application today will be costs in the motion and those costs may be dealt with by the judge who deals with the application. I direct that notice of the order today be forwarded by facsimile to Messrs Abbott Tout Russell Kennedy, Solicitorsfor the respondent company, and I direct that Mr Donald Colin Evans, one of the appellants, shall, within three days from today, forward written notice of the orders which have been made to those solicitors and to the respondent itself. The attention of the Sheriff may be drawn to the existence of the order. 2 UNREPORTED JUDGMENTS Orders accordingly.