RYLEGROVE PTY LIMITED v FATIMI PTY LIMITED [1995] NSWCA 409

RYLEGROVE PTY LIMITED v FATIMI PTY LIMITED SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL

SHELLER JA 5 September 1995

[1995] NSWCA 409

Sheller JA. This is an application by notice of motion by Rylegrove Pty Limited, the appellant in an appeal that has been brought to this Court, for a stay of judgments and orders made by Young J and Master Macready on various dates that are set out in the notice of motion.

The matter, together with other applications, were listed before a single judge of the Court in the motions list on 4 September 1995. They came before me on that day as the judge sitting to hear the single judge motions. It was indicated to me that the resolution of these various applications would take an amount of time, which made them unsuitable to be dealt with in the Monday motions list. Accordingly, sensibly as it seemed to me, the parties agreed that the matters be stood out of the list so that a special date could be set for hearing them. What has occurred today would suggest to me that the estimates made by those representing the parties that the matters were not suitable in terms of its length for hearing on a Monday, were well justified.

The particular motion seeking a stay was brought back before me at short notice today when it emerged that a summons for the winding up of Rylegrove was before the Master today and that it was proposed that it proceed to hearing. As far as I can recollect it, no mention was made to me of that yesterday in Court. It obviously made the stay application a matter of great urgency. I should note that I regard it as entirely unsatisfactory that my attention was not drawn to the fact that one party to the matter yesterday intended to proceed on that summons today. In the result I sat at 2 o'clock today to hear the application by Rylegrove for a stay of the various judgments and orders to which I have referred.