Portaccomm Building Systems Pty Ltd v Southern Sheet & Coil Pty Ltd [2013] NSWCA 123

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Portaccomm Building Systems Pty Ltd v Southern Sheet & Coil Pty Ltd [2013] NSWCA 123 Hearing dates: 13 May 2013 Decision date: 14 May 2013 Before: Macfarlan JA Decision: (1) Leave refused to the appellants to further amend their Amended Notice of Motion filed on 13 May 2013. (2) Dismiss with costs the appellants' Amended Notice of Motion filed on 13 May 2013. [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 - application for stay of execution of judgments pending appeal - prospects of success on appeal poor - evidence of applicants' financial position inadequate - stay refused - application by applicants to amend notice of motion to seek order under UCPR r 37.2 for payment of judgment debts by instalments refused Legislation Cited: Uniform Civil Procedure Rules 2005 Cases Cited: Kalifair Pty Ltd v Digi-tech (Australia) Ltd [2002] NSWCA 383; 55 NSWLR 737 Category: Procedural and other rulings Parties: Portaccomm Building Systems Pty Ltd (First Appellant) Ralph Keller (Second Appellant) Southern Sheet & Coil Pty Ltd (Respondent) Representation: Counsel: F G Kalyk (Appellants) D L Williams SC (Respondent) Solicitors: Gadens Lawyers (Appellants) Deutsch Partners (Respondent) File Number(s): CA 2013/66268 Decision under appeal Jurisdiction: 9111 Citation: Southern Sheet & Coil Pty Limited v Portacomm Building Systems Pty Ltd [2013] NSWSC 38 Date of Decision: 2013-02-05 00:00:00 Before: Hislop J File Number(s): 2008/286123