Gray t/as Clarence Valley Plumbing v Ware Building Pty Ltd [2012] NSWCA 438

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Gray t/as Clarence Valley Plumbing v Ware Building Pty Ltd [2012] NSWCA 438 Hearing dates: 10 December 2012 Decision date: 10 December 2012 Before: Ward JA Decision: Orders for security for costs and stay of execution of judgment below [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 security for costs - special circumstances to be shown - appellant failed to attend trial in order to resist proceedings below - quantum of security sought not broken down into components

PRACTICE AND PROCEDURE - application for stay of judgment pending appeal - where security of costs order already made in favour of respondents - order sought under s 135 Civil Procedure Act to stay execution of the writ for levy of property Legislation Cited: Civil Procedure Act 2005 (NSW) Cases Cited: Adeels Palace Pty Ltd v Moubarak [2009] NSWCA 130 Alexander v Cambridge Credit Corporation Limited (1985) 2 NSWLR 685 Preston v Harbour Pacific Underwriting Management Pty Ltd (2007) NSWCA 247 Category: Interlocutory applications Parties: Robert Gray t/as Clarence Valley Plumbing Services (Applicant/Appellant) Ware Building Pty Ltd (Respondent) Representation: Counsel: K Pierce (Applicant on motion for stay/Respondent on motion for security for costs/Appellant on Appeal) Ms L Thomas (Respondent on motion for stay/Applicant on motion for security for costs/Respondent on Appeal) Solicitors: Barraclough Jones & Associates (Respondent on motion for stay/Applicant on motion for security for costs/Respondent on Appeal) File Number(s): CA 12/318523 Decision under appeal Date of Decision: 2012-06-14 00:00:00 Before: Toner DCJ File Number(s): 10/210587