Vaughan v Dawson [2008] NSWCA 169

New South Wales Court of Appeal

CITATION: Vaughan v Dawson [2008] NSWCA 169

HEARING DATE(S): 14 July 2008

JUDGMENT DATE: 14 July 2008

JUDGMENT OF: Campbell JA

EX TEMPORE JUDGMENT DATE: 14 July 2008

DECISION: Application dismissed with costs.

CATCHWORDS: PRACTICE AND PROCEDURE – application for stay of judgment pending appeal – principles for grant of stay – whether serious question to be tried – where no legal error alleged in judgment below – where proceedings below involved significant credit issues – where applicant unable to identify anything tending to show trial judge's findings contrary to incontrovertibly established facts or uncontested testimony or that trial judge failed to use or palpably misused his advantage or that finding glaringly improbable or contrary to compelling inferences – balance of convenience – whether respondents would be unable to repay the judgment if appeal were to proceed and succeed – whether denial of stay would stifle appeal – where respondents have served applicant with bankruptcy notice – where applicant has costs order against him in favour of the respondents arising from cross-claim in proceedings below – where respondents have applied for assessment of costs of cross-claim – where reasonable to infer that applicant will seek review of cost assessment – where no material before Court to make out basis for concluding that such application would be concluded before hearing of appeal

Fair Trading Act 1987 LEGISLATION CITED: Trade Practices Act 1974 (Cth) Uniform Civil Procedure Rules

Alexander v Cambridge Credit Corporation Limited (1985) 2 NSWLR 685 Devries v Australian National Railways Commission [1993] HCA 78; (1993) 177 CLR 472 CASES CITED: Fox v Percy [2003] HCA 22; (2003) 214 CLR 118 Kalafair Pty Limited v Digitec (Australia) Pty Limited [2002] NSWCA 383; (2002) 55 NSWLR 737 Watson v Foxman (1995) 49 NSWLR 315