AWADALLAH -v- R W & P BROWN PTY LTD [1998] NSWCA 27

AWADALLAH -y- R W & P BROWN PTY LTD

SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL

STEIN JA 2 March 1998

[1998] NSWCA 27

Stein JA. This is an application for a stay by the appellant, Stacey Awadallah, against orders made by Judge Sinclair QC in the District Court on 3 March 1997. In proceedings between Brown Builders Pty Ltd (the respondent to the appeal in this Court) and Reda Awadallah and the present appellant, his Honour gave judgment for the plaintiff, (Brown Builders) in the sum of $34,718, as well as making orders as to costs of the proceedings.

It seems that Reda Awadallah and the present appellant are estranged. Reda Awadallah is not an appellant from the orders of Judge Sinclair and has been joined as a respondent to the appeal.

The notice of motion of Stacey Awadallah, who has appeared in person, sought to stay a bankruptcy notice served on her by Brown Builders. That notice of motion has been amended to extend to an application for a stay of the judgment of Judge Sinclair and there was no opposition to this amendment by Mr Martin on behalf of the respondent, Brown Builders.

The basis of the application for the stay is really, I think, twofold. One is that the principal grounds of appeal, paras | to 7, claim that the appellant never entered into any contractgrounds of appeal, paras 1 to 7, claim that the appellant never entered into any contract with Brown Builders and nor did Reda Awadallah enter into any agreement with Brown Builders on her behalf. Ms Awadallah says that everything that happened between Reda Awadallah and Brown Builders was between them and she had no part in it in any way, shape or form.

There are other grounds of appeal relating to legal advice to the appellant, which at first blush do not seem to be relevant to the appeal. They make a claim for negligence against the appellant's previous legal representatives.