NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Sharpe v W H Bailey & Sons Pty Ltd [2013] NSWSC 913 Hearing dates: 2/7/13 Decision date: 02 July 2013 Jurisdiction: Common Law Before: Campbell J Decision: (1) Execution of the judgment entered for WH Bailey & Sons Pty Ltd in proceedings 2010/00373958 in the Local Court at Bellingen on 6 December 2011 be stayed pending the disposition of the summons seeking leave to appeal. (2) WH Bailey & Sons Pty Ltd are restrained from taking any action to enforce the judgment entered on 6 December 2011 in proceedings 2010/00373958 in the Local Court at Bellingen, including the prosecution of matter (P)SYG690/2013 in the Federal Circuit Court of Australia at Sydney. (3) The costs of this application are the parties' costs in the appeal. (4) Order 1 and 2 hereof are conditional upon Mr Sharpe strictly complying with the requirements of the rules and any orders or directions made for the purpose of prosecution of his application for leave to appeal. (5) In default of compliance with order 4 hereof WH Bailey & Sons Pty Ltd to have leave to apply for summary dissolution of orders 1 and 2 on three days prior written notice to Mr Sharpe and the Court. Catchwords: PRACTICE AND PROCEDURE - application for a stay in support of an appeal from the Local Court Legislation Cited: Civil Procedure Act 2005 (NSW) Conveyancing Act 1919 (NSW) Farm Debt Mediation Act 1994 (NSW) Real Property Act 1900 (NSW) Cases Cited: Hargraves Secured Investments Limited v Sharpe [2013] NSWSC 539 Industrial Properties (Barton Hill) Ltd v Associated Electrical Industries Ltd 1977 QB [580] Sharpe v Heywood [2013] NSWCA 192 State of New South Wales v Kable [2013] HCA 26; 298 ALR 144 Waller v Hargraves Secured Investments Limited [2012] HCA 4; 245 CLR 311 Walsh v Lonsdale [1882] 21 Ch D 9 Category: Interlocutory applications Parties: David George Sharpe (plaintiff) W H Bailey & Sons Pty Ltd (defendant) Representation: Counsel: In person (plaintiff) R. Mulquiney (defendant) Solicitors: In person (plaintiff) Hargraves Solicitors (defendant) File Number(s): 2013/172370
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