Streetscape Projects (Australia) Pty Ltd v The City of Sydney [2012] NSWCA 63

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Streetscape Projects (Australia) Pty Ltd v The City of Sydney [2012] NSWCA 63 Hearing dates: 28 February 2012; 15 March 2012 Decision date: 03 April 2012 Before: Young JA Decision: Notice of motion dismissed with costs. [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- application for stay of judgment- appellants applied to have orders, including judgment sum of $12,000,000, stayed pending the hearing of an appeal due to their alleged impecuniosity- appellants displayed a lack of candour- evidence of complex series of family trusts- onus on applicant for stay to provide the material upon the basis on which the Court can fix the terms of the stay- although evidence suggested appellants did not actually possess the judgment sum they did not show that it was unavailable through the trusts- basis for stay application not made out- notice of motion dismissed. Cases Cited: Alexander v Cambridge Credit Corp Ltd (1985) 2 NSWLR 685 Bell Wholesale Co Ltd v Gates Export Corp (1984) 2 FCR 1 Edison Ltd v Bullock [1912] HCA 72; 15 CLR 679 Hammond Suddard Solicitors v Agrichem International Holdings Ltd [2001] EWCA Civ 2065; All ER (D) 258 Milcap Publishing Group AB v Coranto Corporation Pty Ltd (1995) 32 IPR 34 Re Imperial Continental Water Corporation (1886) 33 Ch D 314 Category: Procedural and other rulings Parties: Streetscape Projects (Australia) Pty Ltd (First Appellant) Moses Edward Obeid (Second Appellant) The City of Sydney (Respondent) Representation: Counsel: S Couper QC, J V Gooley and R M Higgins (Appellants) A J Sullivan QC and S W Climpson (Respondent) Solicitors: Colin Biggers & Paisley (Appellants) Holding Redlich Lawyers (Respondent) File Number(s): CA 2012/52247