Dwyer v Craft Printing Pty Ltd [2009] NSWCA 254

New South Wales Court of Appeal

CITATION: Dwyer v Craft Printing Pty Ltd [2009] NSWCA 254

HEARING DATE(S): 10 August 2009 JUDGMENT OF: Beazley JA at 1

EX TEMPORE JUDGMENT DATE: 10 August 2009

1. The appeal is listed for hearing on 16 September 2009; 2. The appellant's submissions are to be filed and served by 27 August 2009; 3. The appellant is to file and serve appeal books by 27 August 2009; 4. The respondent's submissions are to be filed and served by 10 September 2009; DECISION: 5. Leave is granted to re-list the matter before the Registrar on twenty-four hours notice; 6. A stay of the judgment of his Honour Johnstone DCJ given on 7 April 2009 pending determination of the appeal is granted; 7. The costs of the notice of motion be costs on the appeal; 8. The return date of the notice of appeal is vacated; and 9. Any reply to the respondent's submissions is to be filed by 14 September.

CATCHWORDS: PROCEDURE – application for stay of judgment pending determination of appeal – appellant not in a position to pay the judgment debt and prosecute his appeal – risk that the refusal of a stay would render appeal futile – stay granted – no conditions on the stay imposed – respondent not in any worse position by the grant of a stay without conditions given the financial position of the appellant – by the expedition granted to accommodate interest of the appellant

LEGISLATION CITED: Trade Practices Act 1974 (Cth), s 52

Alexander v Cambridge Credit Corporation Limited (1985) 2 NSWLR 685 CASES CITED: FAI Insurance Limited v Registrar of Workers Compensation Commission of New South Wales (1982) 1 NSWLR 239 McLean Tecnic Pty Ltd v Digi-Tech (Australia) Limited; Kalifair Pty Limited & Anor v Digi-Tech (Australia) Limited & Ors [2002] NSWCA 383; (2002) 55 NSWLR 737