Arturus Capital Limited v Nair [2011] NSWCA 208

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Arturus Capital Limited v Nair [2011] NSWCA 208 Hearing dates: 18 July 2011 Decision date: 18 July 2011 Before: McColl JA Decision: (1) Subject to Order 2 below, stay the judgment and order of Harrison J of 10 June 2011 pending the outcome of the appeal. (2) Within 10 business days of today's date the applicant to pay $500,000 to Dr Nair and lodge the balance of the judgment debt in an interest-bearing account in the name of the solicitors for the parties. (3) Expedite the hearing of the appeal. (4) Give the parties leave to approach the Registrar of the Court of Appeal this afternoon to obtain the earliest possible hearing date. [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 - application for stay of orders pending appeal - appeal to be based on argument not raised at trial - whether applicant can show a proper basis for stay that would be fair to both parties Legislation Cited: Civil Procedure Act 2005 (NSW) Corporations Act (2000) (Cth) Cases Cited: Nair v Arturus Capital Limited [2011] NSWSC 499 Nair v Arturus Capital Limited [2011] NSWSC 381 Nair v Arturus Capital Limited [2010] NSWSC 329; (2010) 78 ACSR 43 Category: Procedural and other rulings Parties: Arturus Capital Limited - applicant Dr Chenicheri Hariharan (Hari) Nair - respondent Representation: Dr JE Griffiths SC with IR Pike - applicant PC Silver - respondent Ellison Tillyard Callanan - applicant HWL Ebsworth - respondent File Number(s): CA 2008/285665 Publication restriction: No Decision under appeal Jurisdiction: 9111 Citation: Nair v Arturus Capital Limited [2011] NSWSC 499 Date of Decision: 2011-05-31 00:00:00 Before: Harrison J File Number(s): 2008/285665