NSW Caselaw
New South Wales Court of Appeal
CITATION: Procorp Civil Pty. Ltd. v. Napoli Excavations & Contracting Pty. Ltd. & Ors. [2006] NSWCA 118
HEARING DATE(S): 9 May 2006
JUDGMENT DATE: 9 May 2006
JUDGMENT OF: Hodgson JA at 1
EX TEMPORE JUDGMENT DATE: 05/09/2006
DECISION: See pars.20-25 of judgment
CATCHWORDS: PRACTICE - APPEAL - Whether stay should be granted on late application and on incomplete material.
PARTIES: Procorp Civil Pty. Limited - claimant Napoli Excavations & Contracting Pty. Ltd. - Opponent
FILE NUMBER(S): CA 40265/06
COUNSEL: Mr. Kalyk for claimant Mr. Doyle (s) for opponent
SOLICITORS: McManus Lawyers for claimant Doyles Construction Lawyers for opponent
LOWER COURT JURISDICTION: Supreme Court - Equity Division
LOWER COURT FILE NUMBER(S): 1480/06
LOWER COURT JUDICIAL OFFICER: Einstein J
LOWER COURT DATE OF DECISION: 04/21/2006
LOWER COURT MEDIUM NEUTRAL CITATION: [2006] NSWSC 358
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40265/06
HODGSON JA
Tuesday 9 May 2006 PROCORP CIVIL PTY. LTD. V. NAPOLI EXCAVATIONS & CONTRACTING PTY. LTD. & ORS. Judgment
1 HODGSON JA: On 21 April 2006, Einstein J ordered payment out, to the first opponent Napoli, of a sum of $202,254 paid into Court by certain receivers, and stayed that order to 8 May. I have before me a Notice of Motion by the claimant Procorp, to extend the stay until the hearing of an appeal brought from an earlier substantive decision of Einstein J. The history of the matter is briefly as follows.
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