Hope v Hunter and New England Area Health Service [No. 2] [2009] NSWDC 334

New South Wales District Court

CITATION: Hope v Hunter and New England Area Health Service [No. 2] [2009] NSWDC 334

HEARING DATE(S): 11 December 2009

JUDGMENT DATE: 11 December 2009

JURISDICTION: Civil

JUDGMENT OF: Levy SC DCJ

1. Application for a stay is refused and dismissed; DECISION: 2. The defendant is to pay the plaintiff's costs of and incidental to the application; 3. The defendant is to pay the costs of the court ordered mediation.

CATCHWORDS: PROCEDURE – refusal of stay pending appeal – whether circumstances justify the grant of a stay

Adeels Palace Pty Ltd v Moubarak; Adeels Palace Pty Ltd v Najem (No 2) [2009] NSWCA 130 Alexander v Cambridge Credit Corporation Ltd [1985] 2 NSWLR 685 Andrews v John Fairfax & Sons [1979] 2 NSWLR 184 CASES CITED: Bridges v Australian Consolidated Press Ltd, NSW Court of Appeal, 16 June 1970, unreported Kalifair Pty Ltd v Digi-tech (Australia) Ltd [2002] NSWCA 383 Luxton v Vines [1952] HCA 19; (1952) 85 CLR 352 Zian Fu v Kiem Dang Investment Pty Ltd [2009] NSWCA 3802

PARTIES: Gary Andrew Hope (Plaintiff) Hunter and New England Area Health Service (Defendant)

FILE NUMBER(S): 154 of 2008 (Newcastle District Court)

COUNSEL: Mr J Anderson (Plaintiff) Mr R Sergi (Defendant)

SOLICITORS: Catherine Henry Partners (Plaintiff) Francesca Menniti (Defendant)

JUDGMENT

Notice of motion

1. On 7 December 2009 the defendant in the proceedings filed a notice of motion in this Court pending an appeal to the Court of Appeal, making an application for a stay of the final judgment entered in the plaintiff's favour in the proceedings on 27 November 2009 in the amount of $525,511.