Sharpe v W H Bailey & Sons Pty Ltd [2013] NSWSC 1094

Supreme Court New South Wales

Medium Neutral Citation: Sharpe v W H Bailey & Sons Pty Ltd [2013] NSWSC 1094 Hearing dates: 12 August 2013 Decision date: 12 August 2013 Before: Adamson J Decision: (1) The stay of the execution and enforcement of the judgment entered in the Local Court at Bellingen on 6 December 2011 granted by Campbell J in orders (1) and (2) made on 2 July 2013 is dissolved. (2) The defendant's notice of motion filed by the defendant on 1 August 2013 is otherwise dismissed. (3) The plaintiff is to pay the defendant's costs of the notice of motion filed on 1 August 2013, assessed at $2000, within 14 days. (4) Stand the matter over for further directions before the Registrar at 9.30 am on 14 October 2013, with liberty to restore to the Registrar's list on 3 days' notice. Catchwords: PRACTICE AND PROCEDURE - stay of judgment - condition of stay - strict compliance - effect of non-compliance

PRACTICE AND PROCEDURE - application for summary dismissal of application for leave to appeal - whether no arguable grounds

PRACTICE AND PROCEDURE - costs - application for order conditioning prosecution of matter upon payment - poverty no bar to a litigant Legislation Cited: - Farm Debt Mediation Act 1994, s 5(2)(b) - Uniform Civil Procedure Rules 2005, r 50.14 Category: Interlocutory applications Parties: David George Sharpe (Plaintiff) W H Bailey & Sons Pty Ltd (Defendant) Representation: Counsel: Plaintiff in person R Mulquiney (solicitor) Solicitors: Hargraves Solicitors (defendant) File Number(s): 2013/172370 Publication restriction: Nil