Transpacific Cleanaway Pty Ltd v Cairns [2012] NSWCA 294

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Transpacific Cleanaway Pty Ltd v Cairns [2012] NSWCA 294 Hearing dates: 3 September 2012 Decision date: 03 September 2012 Before: Macfarlan JA Decision: (1) I order that the judgment of McLoughlin DCJ in this matter dated 26 April 2012 be stayed pending determination of this appeal or until further order, whichever occurs first. (2) I order that the costs of the application for a stay 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 - application for stay of judgment pending appeal - risk that respondent will be unable to repay judgment sum without difficulty or delay if appeal succeeds - need for money pending appeal not identified by respondent - difficulty of enforcement of judgment for restitution of judgment sum Cases Cited: Woolworths Ltd v Strong (No 2) [2011] NSWCA 72 Category: Procedural and other rulings Parties: Transpacific Cleanaway Pty Ltd (Appellant) Thomas Cairns (Respondent) Representation: Counsel: D Villa (Appellant) M M Fraser (Respondent) Solicitors: McCabes Lawyers Pty Ltd (Appellant) Castagnet Lawyers (Respondent) File Number(s): CA 2012/164391 Decision under appeal Citation: Thomas Cairns v Transpacific Cleanaway Pty Limited Date of Decision: 2012-04-26 00:00:00 Before: McLoughlin SC DCJ File Number(s): DC 2010/383956