C2C Investments Pty Limited & Ors v Commonwealth Bank of Australia (No 2) [2013] NSWSC 521

Supreme Court New South Wales

Medium Neutral Citation: C2C Investments Pty Limited & Ors v Commonwealth Bank of Australia (No 2) [2013] NSWSC 521 Decision date: 08 May 2013 Jurisdiction: Common Law Before: Slattery J Decision: Stay removed on Consent Judgment in the Investments Proceedings - a partial stay continued on the Consent Judgment in the Developments Proceedings for amounts in excess of $60,000 on terms that the plaintiffs pay the sum of $100,000 into Court by Friday, 17 May 2013 at 5.00pm. Catchwords: PROCEDURE - Court orders interim stay on two money judgments which have been entered in the Defendant Bank's favour (C2C Investments Pty Limited & Ors v Commonwealth Bank of Australia [2013] NSWSC 256) - Defendant Bank seeks variation of stay orders - Plaintiff abandons dispute in relation to the subject matter of the money judgment in one of the proceedings (the Investments Proceedings) - the quantum of the undisputed amount in the other proceedings (the Developments proceedings) is less than $100,000 - whether stays should be continued or varied and if so on what terms. Legislation Cited: Civil Procedure Act 2005 Cases Cited: C2C Investments Pty Ltd & Ors v Commonwealth Bank of Australia [2013] NSWSC 256; Padkohe Pty Ltd v Fletcher [2006] NSWSC 1239; Australian Beverage Distributors Pty Ltd v Evans & Tate Premium Wines Pty Ltd (2006) 58 ACSR 22, [2006] NSWSC 560; Adamson v Ede [2008] NSWCS 1184; Inglis v Commonwealth Trading Bank of Australia (1972) 126 CLR 161; Maguire & Tansey v Makaronis (1997) 188 CLR 449. Category: Interlocutory applications Parties: C2C Investments Pty Limited (First Plaintiff) C2C Developments Pty Limited (Second Plaintiff) Geoffrey Anthony Shannon (Third Plaintiff) Linda Shannon (Fourth Plaintiff) Commonwealth Bank of Australia (Defendant) Representation: Counsel: S Lipp (Second and Third Plaintiff) C.R. Newlinds SC P Newton (Defendant) Solicitors: Platinum Lawyers (Second and Third Plaintiff) Gadens Lawyers (Defendant) File Number(s): 2012/293690