Hammond v J P Morgan Trust Australia Ltd [2012] NSWCA 188

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Hammond v J P Morgan Trust Australia Ltd [2012] NSWCA 188 Hearing dates: 15 June 2012 Decision date: 15 June 2012 Before: Basten JA at 10; Sackville AJA at 11; Young AJA at 1 Decision: (1) Dismiss the notice of motion filed 22 May 2012. (2) Extend the stay granted on 28 May 2012 of the execution of the writ of possession issued on 12 April 2012 until the hearing of the appeal. (3) In the appeal: (a) if the appellant proposes to rely on evidence not before Johnson J, she is to file and serve a notice of motion within 14 days together with an affidavit annexing copies of evidentiary material upon which she intends to rely, confined to the ground identified by the Court of Appeal in 2011; (b) if the respondent wishes to rely on a subsequent notice of default, it is to file and serve a notice of contention or other appropriate document, together with an affidavit annexing copies of evidentiary material upon which it intends to rely; (c) stand the matter over to the Registrar's list for directions with respect to written submissions and an early listing of the appeal for hearing. (5) Costs of today are to 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 - civil - application for stay pending appeal - whether appeal arguable - whether appeal arguable if further evidence adduced