SAS Realty Developments Pty Ltd v Kerr [2012] NSWCA 233

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: SAS Realty Developments Pty Ltd v Kerr [2012] NSWCA 233 Hearing dates: 23 July 2012 Decision date: 23 July 2012 Before: Basten JA Decision: 1. Grant a stay of the order made by the District Court on 4 May 2012 and entered on 12 June 2012 for payment to Mr Kerr of an amount of $453,252.05 by the defendants, SAS Realty Developments and Mr Shen. 2. The costs of this motion 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: PROCEDURE - stay - application for stay of order of District Court pending appeal - whether appeal has arguable prospects of success - whether balance of prejudice favours stay - Civil Procedure Act 2005 (NSW), s 67; Uniform Civil Procedure Rules 2005 (NSW), r 51.44 Legislation Cited: Civil Procedure Act 2005 (NSW), s 67 Uniform Civil Procedure Rules 2005 (NSW), Pt 51, r 51.44 Cases Cited: Alexander v Cambridge Credit Corporation Ltd (1985) 2 NSWLR 685 Category: Procedural and other rulings Parties: SAS Realty Developments Pty Ltd (First Appellant) Sean Shen (Second Appellant) Quentin Kerr (Respondent) Representation: Counsel:

Mr D Allen (Appellants) Mr R de Meyrick (Respondent) Solicitors: