Canty v PaperlinX Australia Pty Ltd [2014] NSWCA 18

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Canty v PaperlinX Australia Pty Ltd [2014] NSWCA 18 Hearing dates: 10 February 2014 Decision date: 10 February 2014 Before: Leeming JA Decision: (1) Dismiss the notice of motion filed 20 November 2013. (2) Upon the undertaking of the appellants to the Court to prosecute their appeal with reasonable expedition, execution of the judgment orders made by the Court on 17 December 2013 in proceeding 2011/145590 be stayed pending the determination by the Court of Appeal of the appeal. (3) The respondent PaperlinX to pay the appellants' costs of these two motions. (4) Otherwise dismiss the amended notice of motion filed in court on 10 February 2014. [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 security for costs of appeal - whether appellants had shown security would stultify appeal - whether respondents had shown appeal had no real prospects of success - no security ordered

PROCEDURE - application for stay of execution - common ground appellants unable to satisfy judgment debt - no relevant prejudice - stay of execution ordered Legislation Cited: Civil Procedure Act 2005 (NSW), s 56-59 Contracts Review Act 1980 (NSW), ss 7, 9 Cases Cited: Hannaford v Commonwealth Bank of Australia [2013] NSWCA 472 Hastings v Hastings [2009] NSWCA 294 Kalifair Pty Ltd v Digi-Tech (Australia) Ltd [2002] NSWCA 383; 55 NSWLR 737 Lall v 53-55 Hall Street Pty Ltd [1978] 1 NSWLR 310 Neale v Anchor Mortlock and Woolley Pty Ltd [2013] NSWCA 209 Partington v Pacific Link Housing Ltd [2013] NSWCA 259 Pioneer Park Pty Ltd (in liq) v Australia and New Zealand Banking Group Limited [2007] NSWCA 344 Piras v Egan [2007] NSWCA 26 Preston v Harbour Pacific Underwriting Management Pty Ltd [2007] NSWCA 247 Starr v Diamond [2013] NSWCA 7 Swift v McLeary [2013] NSWCA 173 Category: Interlocutory applications Parties: Paul Brian Canty (First Appellant) Denise Irene Canty (Second Appellant) PaperlinX Australia Pty Limited (Respondent) Representation: Counsel: CJ Bevan (Appellants) TM Faulkner (Respondent) Solicitors: Evangelos Patakas and Associates (Appellants) K&L Gates (Respondent) File Number(s): 2013/00306593 Decision under appeal Citation: PaperlinX Australia v Canty [2013] NSWSC 1407 Date of Decision: 2013-09-16 00:00:00 Before: McDougall J File Number(s): 2011/145590