Osborne v Boral Resources (NSW) Pty Ltd [2011] NSWCA 379

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Osborne v Boral Resources (NSW) Pty Ltd [2011] NSWCA 379 Hearing dates: 31 October 2011 Decision date: 31 October 2011 Before: Campbell JA Decision: (1) Order that the judgment in the District Court in this matter be stayed pending the determination of the appeal, or further order. (2) Order that the costs of today's application be costs in the appeal. [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: APPEAL - practice and procedure - Court of Appeal - stay of execution - serious questions for determination - risk that refusal of stay would cause prejudice or damage that would not be redressed by successful appeal

APPEAL - practice and procedure - Court of Appeal - application for stay of execution - whether to permit adjournment to enable cross-examination Cases Cited: Kalifair Pty Ltd v Digi-Tech (Australia) Ltd [2002] NSWCA 383; (2002) 55 NSWLR 737 Category: Interlocutory applications Parties: Mark Gregory Osborne (Appellant) Boral Resources (NSW) Pty Ltd (Respondent) Representation: Counsel A Chee (Appellant) C Lock (Respondent) Solicitors Proctor & Associates (Appellant) Oliveri Lawyers (Respondent) File Number(s): 2009/335437 Decision under appeal Jurisdiction: 9101 Date of Decision: 2011-05-11 00:00:00 Before: Rolfe DCJ File Number(s): 2009/335437