PANGAS v NEWJUR PTY LIMITED [1995] NSWCA 357

PANGAS v NEWJUR PTY LIMITED

SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL

PRIESTLEY JA 23 October 1995

[1995] NSWCA 357

Priestley JA. In the matter of Pangas v Newjur Pty Limited & Anor, the application that is before the Court is for a stay of execution of orders of Mr Justice Santow made in 1994. There was an appeal brought by Mr Pangas against Mr Justice Santow's orders which was dismissed by this Court on 6th June this year.

On 22nd June, Mr Pangas filed an application for special leave to appeal in the High Court. No date for hearing of that application appears to have been granted as yet. The High Court has required material to be filed in support of the application by a date early next month.

Since this Court handed down its decision on 6th June, aspects of the matter have come before both the Family Court and the Equity Division of this Court. When the proceedings came on for hearing this morning, Mr Pangas asked for an adjournment for a fortnight. The basis of his application was that he has not been able to get the material ready for submission to his solicitor and presentation to this Court upon which his application for a stay would proceed. He said that he has been suffering from a virus and that because of that, and other proceedings connected with this matter with whichhe has been concerned, he simply has not been able to cope with the necessity to get the material ready.

The application for adjournment has been opposed. Reliance has been placed on past history of this matter, some of which is within my own direct recollection having been on the bench at the time when matters were argued relating to what Mr Pangas's opponents claim was deliberate stalling tactics on his part.

Iam not deciding the question of whether or not I should grant an adjournment today by reference to those matters.