COSTAIN AUSTRALIA LTD v KANE PLANT HIRE PTY LTD [1994] NSWCA 66

COSTAIN AUSTRALIA LTD v KANE PLANT HIRE PTY LTD SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

COLE JA 5 September 1994

[1994] NSWCA 66

Cole JA I have before me two notices of motion. The first is filed on 25 August 1991. Appearance on behalf of the respondent has been announced by the solicitor for the appellant.

By consent, I make orders 1 and 3 sought in the Notice of Motion filed 25 August 1994. O2 sought in this Notice of Motion is not consented to. It is an application seeking a stay of execution. The only basis advanced for that stay is that there would be no injury or damage to the respondent if it were granted. That, in my view, is not a sufficient reason for the granting of a stay. I decline to make order 2 in the Notice of Motion sought by the applicant.

There is a second Notice of Motion filed in Court today which is an application for expedition of this appeal. The events in question happened in December 1986 and January 1987, proceedings were commenced in 1989, the matter was heard in the District Court in September 1993. It is now September 1994 and the basis upon which expedition is sought is that because of an application to amend permitted at the trial it may be that the appellant, if it is unsuccessful in its appeal, it may have some cause of action against a third party which would expire by March 1995. Accordingly, the appellant would like to have this matter disposed of by this Court by that time.

I do not regard that as a sufficient ground for expedition and the Notice of Motion filed in Court today seeking expedition is dismissed.

There is no order for costs on that Notice of Motion.