HOOPER and ANOR v CASTLEREAGH STUD PTY LTD [1994] NSWCA 137

HOOPER v CASTLEREAGH STUD PTY LTD SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

PRIESTLEY JA 22 August 1994

[1994] NSWCA 137

Priestly JA Upon these matters being called on this morning it appeared that there were two Notices of Motion before the Court and a third proposed, all of these Notices of Motion being brought by Mr Hooper and S J Hooper Pty Ltd who are the respondents to an appeal against a District Court judgment given in their favour by Phelan DCJ in 1992, and in respect of which judgment a stay was granted in February 1993 upon the provision of bank security for the amount of the judgment debt, approximately $68,000.

The principal matter emerging from the Notice of Motion on the state of facts which became comparatively clear after the Court was furnished with evidence was whether security should be required from the appellant Castlereagh Stud, as a condition of that company being allowed to continue with its appeal. It also became clear that there was a question whether expedition should be granted in the appeal. I have already indicated that it seems to me that it should be. On the question of security, after an affidavit of a Mr Catlin, who is a manager of an area of operation of Westpac Banking Corporation, was admitted, Miss Wily, for the Castlereagh Stud, asked for the Court's indulgence in amplification of the company's financial position. In view of the circumstances in which this issue has arisen it seemed to me that her client should be given an opportunity to put on further evidence, if any should be thought to be of assistance.

The claimants are entitled to a speedy hearing of their appeal and also to a speedy resolution of the question of security that has arisen. For this reason I am standing over the Notice of Motion until 9.15 am on Friday, 26 August, with a view to there being disposed of on that day, without further adjournment.