STONE v FARROW MORTGAGE SERVICES PTY LTD (IN LIQUIDATION) [1998] NSWCA 218

STONE vy FARROW MORTGAGE SERVICES PTY LID (IN LIQUIDATION)

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

MASON P, SHELLER and POWELL JJA 27 April 1998, 27 April 1998 [1998] NSWCA 218

JUDICIAL REVIEW — no error of principle shown in refusal of application for stay of judgment

Sheller JA Mr George Barry Everett Stone filed a notice of appeal with appointment in September 1997 from a decision of Bainton J which had been given on 23 May 1997.

Mr Stone applied to this Court for a stay of judgment and of Bainton J's orders. His Honour had given judgment for the respondent, Farrow Mortgage Services Pty Ltd, in liquidation for an amount in excess of $1.7 million. The application for stay came on for Beazley JA who gave judgment on 23 February 1998 refusing Mr Stone's application for costs.

This is an application by Mr Stone to the Court to review Beazley JA's decision. It appears that the application is brought by way of a notice of motion which was filed on 23 March 1998 and on its face asks an extension of time. However, that point is of no significance. In order to succeed, Mr Stone has to persuade the Court that there was some error of principle to be found in the decision of Beazley JA. In order to support the application, Mr Stone filed this morning a document which was made apparently today and runs to twenty pages and is called an affidavit. He has also referred to three affidavits filed in the Federal Court and sworn on 24 March 1998, 20 April 1998 and 22 April 1998 respectively. There is an additional affidavit referred to which was apparently filed in the Federal Court and sworn on 19 February 1998.

We have been referred to a decision of Emmett J of the Federal Court and his Honour's reasons for judgment of 24 March 1998. All these documents I have read in addition to the notice of appeal to which I have referred.