Mills v Futhem Pty Ltd [2011] NSWCA 166

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Mills v Futhem Pty Ltd [2011] NSWCA 166 Hearing dates: 20 June 2011 Decision date: 20 June 2011 Before: Campbell JA Decision: (1) Upon the Applicant, by her counsel, giving to the Court an undertaking that she will not dispose of or encumber her assets other than in the ordinary course of business pending the determination of the appeal or further order, and that she will act to bring the proceedings on with expedition, I order that any judgment in the District Court in matter number 39/07 in the General List Penrith Registry be stayed pending the determination of the present application for leave to appeal, or further order. (2) I direct the Applicant to file and serve a draft White Book by 4pm Friday, 8 July 2011. (3) I order that the costs of today's application be costs in the cause. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: PRACTICE AND PROCEDURE - judgments and orders - construction of order - effect of alleged contravention of UCPR - consent order in terms that restrict, or purport to restrict any disclosure of the terms of the judgment or order

PRACTICE AND PROCEDURE - stay of proceedings - applicant has onus of putting forward a basis on which the stay can be granted that is fair to both parties Legislation Cited: Civil Procedure Act 2005 Cases Cited: Athens v Randwick City Council (2005) 64 NSWLR 58 Kirkpatrick v Kotis (2004) NSWLR 567 Category: Interlocutory applications Parties: Jay Lynette Mills (Applicant) Futhem Pty Limited (Respondent) Representation: Counsel CR de Robillard (Applicant) G King, solicitor (Respondent) Solicitors Kent Attorneys (Applicant) King Legal, (Respondent) File Number(s): 2011/178503 Decision under appeal Jurisdiction: 9101 Date of Decision: 2011-05-26 00:00:00 Before: Truss DCJ File Number(s): 2007/296556