SEERS v TERRELL SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL MASON P 24 March 1997 [1997] NSWCA 280 Mason P. This is a matter in which I propose to order a stay. It is unfortunate that the Court does not have the benefit of the judgment, but it seems inappropriate that we should wait and incur further costs. It appears to me that the appellant has an arguable case as to liability in this matter. The other fact I take into account is that the time from the accident has been two and a half years. I would anticipate that this matter could be dealt with in the Court of Appeal within the next six months on the assumption that the appellant seeks expedition. Will there be an undertaking that that will be sought? RUSSELL: Yes, that application will be made. HIS HONOUR: The order that I make is that execution of the judgment is stayed. I note that the appellant will seek expedition. Costs in this motion to be costs in the appeal. Orders accordingly.