Dierickx v HP Mercantile Pty Ltd [2014] NSWCA 21

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Dierickx v HP Mercantile Pty Ltd [2014] NSWCA 21 Hearing dates: 10 February 2014 Decision date: 10 February 2014 Before: Basten JA Decision: 1. Order that within 60 days of the delivery of these orders the judgment sum in the amount of $273,721.52 be paid by Ludo Victor Dierickx and Wendy Anne Dierickx into a controlled moneys account to be administered by Piper Alderman and Versace McKenzie Lawyers jointly and that those moneys be held in such account until further order of a judge of this Court or the High Court. 2. Costs of the motion including the amended notice of motion filed today be HP Mercantile Pty Ltd's costs, to follow the order made in the special leave application. 3. Liberty to apply. [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: PRACTICE AND PROCEDURE - interlocutory application - stay of judgment pending application for special leave to appeal to the High Court - need for exceptional circumstances - offer to pay judgment debt into court or a jointly managed account - financial capacity of respondent to repay if appeal successful - merit of application to High Court - element of public importance Legislation Cited: Judiciary Act 1903 (Cth), s 35A Cases Cited: Jennings Constructions Limited v Burgundy Royale Pty Limited (No 1) 1986 HCA 84; 161 CLR 681 Rinehart v Welker [2012] NSWCA 1, 83 NSWLR 347 Category: Interlocutory applications Parties: Ludo Victor Dierickx (First Applicant) Wendy Anne Dierickx (Second Applicant) HP Mercantile Pty Ltd (Respondent) Representation: Counsel: