ARNOYA HOLDINGS PTY LIMITED v METWAY LEASING LIMITED [1995] NSWCA 21

ARNOYA HOLDINGS PTY LIMITED v METWAY LEASING LIMITED SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL

SHELLER JA 17 July 1995

[1995] NSWCA 21

Sheller JA. On 16 June 1995 Barr AJ gave judgment in two matters, Nos 16194/91 and 12042/94. In the first he ordered two of the defendants, Keith Malcolm Campbell and Lois Audrey Campbell (Mr and Mrs Campbell), to give the plaintiff, Metway Leasing Limited, possession of land owned by them and known as 17 Jindabyne Avenue, Baulkham Hills. In the second he ordered the defendants, which included Arnoya Holdings Pty Limited and Mr and Mrs Campbell, to pay Metway Leasing the sum of $104,569.16. His Honour ordered a stay of execution of the judgments for a period of 28 days from 16 June 1995 upon condition that the defendants, Arnoya Holdings and Mr and Mrs Campbell, file a notice of appeal and file and serve an affidavit of means to include all assets, liabilities, income and expenditure, no later than 4 pm on 23 June 1995. On 23 June 1995 those defendants filed a notice of appeal and Mr and Mrs Campbell swore affidavits of their means and the means of Arnoya Holdings.

On 4 July 1995 Arnoya Holdings and Mr and Mrs Campbell filed a notice of motion for an order that the stay granted by Barr AJ be continued until further order. They supported the application, which came on for hearing before me on 10 July 1995, with the two affidavits of means. Metway Leasing opposed the application and relied on two affidavits by Anthony John Gavan, the solicitor for the opponent, of 15 June 1995 and 10 July 1995. The affidavits of Mr and Mrs Campbell and the first affidavit of Mr Gavan were filed in the Common Law registry, the second affidavit of Mr Gavan in the Court of Appeal registry. At the invitation of the parties I have read all these affidavits and Barr AJ's reasons for judgment in the two proceedings of 26 April 1995.