Menzies v Paccar Financial Pty Ltd [2013] NSWCA 283

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Menzies v Paccar Financial Pty Ltd [2013] NSWCA 283 Hearing dates: 26 August 2013 Decision date: 30 August 2013 Before: Leeming JA Decision: (1) Extend the existing stays of the money orders and the possession orders (being orders 1, 2, 3 and 5 made on 13 June 2013) until 5pm on Monday 23 September 2013. (2) Subject to (4) below, the money orders (being orders 3 and 5 made on 13 June 2013), be stayed until 28 days after the determination of the appeal, on terms that Mr and Mrs Menzies are to prosecute the appeal with reasonable diligence. (3) Subject to (4) below, upon the undertaking by Paccar to the Court that, upon delivery to it of the equipment referred to in order 1 made on 13 June 2013, it will store and keep the equipment exercising care as would be required of a bailee of similar goods and that it will deliver the goods in accordance with the order of the Court, orders 1 and 2 made on 13 June 2013 are effective and may be enforced on and after 24 September 2013. (4) The parties may apply, on three business days' notice, to be heard further in relation to orders 2 and 3 above. (5) The costs to date of the Notice of Motion filed 29 June 2013 and the Amended Notice of Motion filed 21 August 2013 be costs of the appeal. [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 pending appeal - unrepresented appellants - application for adjournment in order to obtain legal representation - real chance that legal representation may be obtained in imminent future - adjournment and extension of existing stay granted - provisional regime pending determination of appeal ordered, as to which the parties may apply to be heard further Legislation Cited: Bankruptcy Act 1966 (Cth) Civil Procedure Act 2005 Contracts Review Act 1980 Corporations Act 2001 (Cth) Independent Contractors Act 2006 (Cth) Industrial Relations Act 1996 (NSW) Uniform Civil Procedure Rules Cases Cited: Alexander v Cambridge Credit Corporation Ltd (Receivers appointed) (1985) 2 NSWLR 685 Be Financial Pty Ltd as Trustee for Be Financial Operations Trust v Das [2012] NSWCA 164 Bi v Mourad [2010] NSWCA 17 Boutros v Nationwide Capital Pty Ltd [2013] NSWCA 246 BP Australia Pty Ltd v Menzies [2010] FMCA 375 Kalifair Pty Ltd v Digi-Tech (Australia) Ltd [2002] NSWCA 383; (2002) 55 NSWLR 737 Menzies v Paccar Financial Pty Ltd [2011] FCA 460 National Australia Bank Ltd v New South Wales [2009] FCA 1066; (2009) 182 FCR 52 National Australia Bank Ltd v State of Victoria [2010] FCA 1230 Re Middle Harbour Investments Ltd [1977] 2 NSWLR 652 Re Willmott Forests Ltd (Recs and Mgrs apptd) (in liq) [2012] VSCA 202; (2012) 91 ACSR 182 Sandtara Pty Ltd v Abigroup (1996) 42 NSWLR 491 Vaughan v Dawson [2008] NSWCA 169 Category: Procedural and other rulings Parties: Ian David Menzies (First Applicant) (In Person) Colleen Anne Menzies (Second Applicant) (In Person) Paccar Financial Pty Ltd (Respondent) Representation: Counsel: R Tregenza (Respondent) N Kidd SC (Amicus Curiae) Solicitors: Mills Oakley Lawyers (Respondent) File Number(s): 2013/153139 Decision under appeal Citation: Paccar Financial Pty Ltd v Menzies; Menzies v Paccar Financial Pty Ltd (No 3) [2013] NSWSC 557; Paccar Financial Pty Ltd v Menzies; Menzies v Paccar Financial Pty Ltd (No 4) [2013] NSWSC 743; Paccar Financial Pty Ltd v Menzies; Menzies v Paccar Financial Pty Ltd (No 5) [2013] NSWCA 772 Before: Harrison AsJ File Number(s): 2010/377702; 2011/176144