Webster v Coles Myer Limited; Thompson v Coles Myer Limited (No. 3) [2009] NSWDC 162

New South Wales District Court

CITATION: Webster v Coles Myer Limited; Thompson v Coles Myer Limited (No. 3) [2009] NSWDC 162

HEARING DATE(S): 29 June 2009

JUDGMENT DATE: 29 June 2009

EX TEMPORE JUDGMENT DATE : 29 June 2009

JURISDICTION: Civil

JUDGMENT OF: Gibson DCJ

(1) That the execution of the judgment in both these cases (1842 of 2006 and 2538 of 2006) be stayed until further order of this Court, or the Court of Appeal, on the condition that within 21 days the defendant will pay the judgment moneys in both these cases into an interest-bearing deposit to be administered jointly by the solicitors for both parties and to abide the outcome of the appeal. DECISION: (2) The Court notes that the defendant in both these cases undertakes to file and serve any Notice of Appeal within the next 14 days and to diligently prosecute the appeal, and further the defendant undertakes that it will join with the plaintiffs in any application to the Court of Appeal for expedition of the hearing of the appeals. (3) Costs of this application be costs in the cause. (4) Liberty to apply on 1 days notice.

CATCHWORDS: JUDGMENTS - application by defendant for stay pending appeal

LEGISLATION CITED: Defamation Act 1974 (NSW), s 22

Alexander v Cambridge Credit Corporation Ltd (1985) 2 NSWLR 685 Dempster v Coates (NSW Court of Appeal, 28 March 1988, unreported) Fox v Percy (2003) 214 CLR 118 Maxwell-Smith v Warren [2007] NSWCA 270 CASES CITED: Penrith Whitewater Stadium Ltd & Anor v Lesvos Ltd & Anor [2007] NSWCA 103 Webster v Coles Myer Limited; Thompson v Coles Myer Limited [2009] NSWDC 4 Webster v Coles Myer Limited; Thompson v Coles Myer Limited (No. 2) [2009] NSWDC 128 Vaughan v Dawson [2008] NSWCA 169 Zarth v Williamson (New South Wales Court of Appeal, 12 December 2005, unreported) Zarth v Williamson [2006] NSWCA 246