NSW Caselaw
FOLEY (T/As & COMPANY) v CLARKE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL
MASON P 15 December 1997
[1997] NSWCA 110
Mason P IJ have determined there should be a stay in this matter having regard to the fact that there is an appeal now properly on foot in which liability is put in issue. I am satisfied that the appeal is not a frivolous one. There must be concern that if the judgment were paid there would be difficulty in recovering it should the appeal be successful. I propose to grant a stay but to direct that the hearing of this appeal be given a level of expedition so that it will be heard some time toward the middle of next year. To that end the say is granted on condition that the appellant prosecute the appeal with diligence and there be liberty to apply.
The formal orders therefore are that the judgment of McLachlan AJ be stayed pending the determination of the appeal or further order subject to the diligent prosecution of the appeal by the appellant.
The costs in the motion are to be costs in the appeal, and the hearing of the appeal is to be expedited.
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