Summer Hill Business Estate Pty Ltd v Equititrust Ltd [2011] NSWCA 192

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Summer Hill Business Estate Pty Ltd v Equititrust Ltd [2011] NSWCA 192 Hearing dates: 4 July 2011 Decision date: 04 July 2011 Before: Basten JA at 1 Decision: (1) Direct the Registrar to call upon the guarantee provided to him pursuant to the orders of Allsop P of 8 February 2011 and to the extent necessary vary the stay granted by Allsop P on 8 February 2011 to permit that step to be taken. (2) Stand over orders 1 and 3 of the notice of motion filed 27 June 2011 until Monday 18 July 2011. (3) Direct that any evidence to be filed by the respondent to the motion in resisting the motion be filed by 11 July 2011. (4) Order that the costs of today be costs in the motion. [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: PROCEDURE - interlocutory orders - stay - stay conditioned on provision of guarantee - application to have Registrar call upon guarantee Category: Procedural and other rulings Parties: Summer Hill Business Estate Pty Ltd - First Appellant West Apartments Pty Ltd - Second Appellant Demian Constructions Pty Ltd - Third Appellant Shimden Pty Ltd - Fourth Appellant CTP Pty Ltd - Fifth Appellant Tremdell Pty Ltd - Sixth Appellant C A R Holdings Pty Ltd - Seventh Appellant Demian Holdings Pty Ltd - Eighth Appellant Riverland Estate Pty Ltd - Ninth Appellant Demian Investments Pty Ltd - Tenth Appellant Belgrave Holdings Pty Ltd - Eleventh Appellant