NSW Caselaw
New South Wales Court of Appeal
CITATION: Batterham v Makeig [2009] NSWCA 295
HEARING DATE(S): 14 September 2009
JUDGMENT DATE: 18 September 2009
JUDGMENT OF: Macfarlan JA
(1) Order that the judgment given and orders made by Ward J on 7 May 2009 be stayed until the determination of the appeal in this Court, on condition that the appellants pay to the respondent, or as he may direct, in satisfaction of the judgment the sum of $10,000 on or before the first day of each month commencing between the present date and the date upon which the appeal is determined (save that in respect of the month of October 2009, the payment is to be made by the fifteenth day of the month). DECISION: (2) Grant liberty to the appellants to apply on three days notice to the respondent for a variation of Order (1) above. (3) Order that the hearing of the appeal be expedited.
CATCHWORDS: PROCEDURE - stay of judgment the subject of appeal - no issue of principle
LEGISLATION CITED: Uniform Civil Procedure Rules 2005
CATEGORY: Procedural and other rulings
CASES CITED: Kalifair Pty Ltd v Digi-tech (Aust) Ltd [2002] NSWCA 383; (2002) 55 NSWLR 737 Masri Apartments Pty Ltd (in liq) v Perpetual Nominees Ltd [2004] NSWCA 255; (2004) 209 ALR 86
Brian Joseph Batterham (First Appellant) PARTIES: Batterham's Bus Lines Pty Ltd (Second Appellant) Peter John Makeig (Respondent)
FILE NUMBER(S): CA 40266/09
COUNSEL: G R Graham (Appellants) G A Sirtes SC (Respondent)
SOLICITORS: Emery Partners (Appellants) Somerville & Co (Respondent)
LOWER COURT JURISDICTION: Supreme Court - Equity Division
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