KATION PTY LTD v LAMRU PTY LTD; LEWIS v NORTEX PTY LTD (In liq) (No 3) [2009] NSWCA 438

New South Wales Court of Appeal

CITATION: KATION PTY LTD v LAMRU PTY LTD; LEWIS v NORTEX PTY LTD (In liq) (No 3) [2009] NSWCA 438

HEARING DATE(S): 23 December 2009 JUDGMENT OF: Basten JA at 1

EX TEMPORE JUDGMENT DATE: 23 December 2009

On the undertaking of Mr Lewis, in the terms set out in a handwritten document, signed by Mr Lewis, handed to the Court, which I will initial and date and put with the papers, and on the further undertaking of Mr Lewis, given through counsel in Court, that he will not seek to lift the stay, which is presently enforced in respect of the registration of a New Zealand judgment, in a matter identified as matter number 10911 of 2004, I order: (1) In respect of the orders of this Court found in the judgment, delivered on 12 June 2009, and in the subsequent judgment of 21 December 2009, there be a stay of enforcement of payment of amounts due either to Lamru Pty Limited, or to the liquidator on behalf of Nortex Pty Limited, pending determination of the proposed special leave application, including, if necessary, any application for extension of time to seek leave to appeal from those judgments to the High Court. DECISION: (2) The notice of motion filed by the applicants on 21 December 2009 be otherwise dismissed. (3) The parties shall have liberty to apply in respect of a determination or variation of the stay on three days' notice. (4) No order as to costs of the motion.

CATCHWORDS: PRACTICE & PROCEDURE – judgments and orders – stay of orders – proposed application for special leave to appeal – whether prospects of success warrant granting of stay – existence of other proceedings – judgment debt in other proceedings in favour of judgment debtor in current proceedings – extent to which outcome of other proceedings is relevant to assessment of balance of convenience – undertaking not to dispose of assets – whether prejudice resulting from granting of stay