Doppstadt Australia Pty Ltd v Lovick & Son Developments Pty Ltd [2013] NSWCA 133

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Doppstadt Australia Pty Ltd v Lovick & Son Developments Pty Ltd [2013] NSWCA 133 Hearing dates: 17 May 2013 Decision date: 21 May 2013 Before: Barrett JA Decision: 1. Set aside the orders made by me on 9 May 2013. 2. Upon Raymond John Davis and Sue Davis by their solicitor Michael Flaherty giving to the Court the undertaking set out in paragraph 7 of the affidavit of Michael Flaherty sworn 22 April 2013 and filed herein, it is ordered that the stay orders made on 10 May 2013 continue until determination of the appeal or earlier order of the Court. 3. Direct that Raymond John Davis and Sue Davis perform sub-paragraph (b) of the said undertaking within four weeks from the making of these orders. 4. Grant to the respondents liberty to apply in consequence of performance or non-performance of the said sub-paragraph (b). 5. Order that the respondents pay the appellants' costs of the stay application. [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 of money judgment pending appeal - stay refused - application to re-open granted - evidence not previously taken into account considered - stay granted Cases Cited: Doppstadt Australia Pty Ltd v Lovick & Son Developments Pty Ltd [2013] NSWCA 106 Category: Consequential orders Parties: Doppstadt Australia Pty Ltd - First Applicant Raymond John Davis - Second Applicant Lovick & Son Developments Pty Ltd - First Respondent Lovick Engineering Pty Ltd - Second Respondent Representation: C C Hodgekiss SC/H F Woods - Appellants S E Gray - Respondents Michael Flaherty Solicitor - Applicants Whiteley, Ironside & Shillington - Respondents File Number(s): 2013/87009