NSW Caselaw
New South Wales Court of Appeal
CITATION: Saint-Gobain Abrasives Pty Ltd v McPherson [2008] NSWCA 262
HEARING DATE(S): 13 October 2008 JUDGMENT OF: McColl JA at 1
EX TEMPORE JUDGMENT DATE: 13 October 2008
DECISION: (1) Stay the judgment of the District Court of New South Wales dated 10 June 2008 in proceedings 5076/06 until disposition of the appeal or until further order. (2) Give the appellant leave to amend the notice of appeal, such amended notice of appeal to be filed and served within seven days. (3) Costs of the motion to be costs in the cause .
CATCHWORDS: PROCEDURE - application for stay - evidence of respondent's impecuniosity - stay granted
LEGISLATION CITED: Civil Liability Act 2002 Corporations Act 2001 (Cth)
CATEGORY: Procedural and other rulings
CASES CITED: TCN Channel Nine Pty Ltd v Antoniadis (2) [1999] NSWCA 104; (1999) 48 NSWLR 381
PARTIES: Saint-Gobain Abrasives Pty Ltd - Applicant Wayne McPherson - Respondent
FILE NUMBER(S): CA 40308 of 2008
COUNSEL: Mr D Hooke - Applicant Mr M Daley - Respondent
SOLICITORS: Holman Webb Lawyers - Applicant Brydens, Solicitors - Respondent
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): DC 5076 of 2006
LOWER COURT JUDICIAL OFFICER: Elkaim DCJ
LOWER COURT DATE OF DECISION: 10 June 2008
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40308/08
McCOLL JA
Monday 13 October 2008 Judgment SAINT-GOBAIN ABRASIVES PTY LIMITED v WAYNE MCPHERSON
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