Adeels Palace Pty Ltd v Moubarak; Adeels Palace Pty Ltd v Najem (No.2) [2009] NSWCA 130

New South Wales Court of Appeal

CITATION: Adeels Palace Pty Ltd v Moubarak; Adeels Palace Pty Ltd v Najem (No.2) [2009] NSWCA 130

HEARING DATE(S): 25 May 2009

JUDGMENT DATE: 25 May 2009

JUDGMENT OF: Hodgson JA at 1

EX TEMPORE JUDGMENT DATE: 25 May 2009

In each case: · I note the undertaking to the Court by the applicant to prosecute the application and any appeal in the High Court expeditiously, and on that undertaking and subject to the condition that I will mention, I make order (1) in the Notice of Motion as filed in Court to-day. DECISION: · That order is subject to the condition that within fourteen days the applicant will provide security for the judgment debt and interest as agreed between the parties or as approved by the Registrar and if that condition is not satisfied the stay will come to an end. · I give leave to the applicant to apply on 1st June 2009 to have this condition removed and I direct that any evidence in support of such application be served on or before midday on 28 May 2009. · I order that the costs of the application to date be costs in the application for special leave to appeal. · I stand the Notice of Motion over to the 1st June 2009 before the Registrar to enable the application to remove the condition to be made, if it is to be made.

CATCHWORDS: PROCEDURE – Application for stay of judgment – Whether there is an onus on the applicant to exclude appreciable risk that delay will cause the applicant to be less able to meet the judgment.

CATEGORY: Procedural and other rulings

Adeels Palace Pty Ltd v Moubarak; Adeels Palace Pty Ltd v Najem [2009] NSWCA 29 Alexander v Cambridge Credit Corporation (1985) 2 NSWLR 685 CASES CITED: Carr v Swart [2007] NSWCA 135 Jennings Construction Limited v Burgundy Royale Investments Pty Ltd (1986) 161 CLR 681 John Fairfax & Sons Limited v Kelly (No. 2) (1987) 8 NSWLR 510 Walker v Lakatoi Universal Pty Ltd [2000] NSWCA 318