Hickie v Land Enviro Corp Pty Ltd [2014] NSWSC 472

Supreme Court New South Wales

Medium Neutral Citation: Hickie v Land Enviro Corp Pty Ltd [2014] NSWSC 472 Hearing dates: 17 April 2014 Decision date: 29 April 2014 Before: Harrison J Decision: 1. Dismiss the defendants' notice of motion filed 25 March 2014 with costs. 2. Order that the amount of $15,000 paid into Court on 28 May 2013 on behalf of the defendants be paid out to Bartier Perry, solicitors. 3. Order the defendants to pay the plaintiffs' costs of their motion filed 3 April 2014, limited to the costs of preparation and filing of the notice of motion and the preparation, swearing and filing of the affidavit of Philip James Brand dated 1 April 2014. Catchwords: STAY - stay pending appeal - where plaintiffs entitled to fruits of costs judgment following success at trial and in the Court of Appeal - where defendants seek special leave to appeal to High Court - whether appeal has realistic or demonstrated prospects of success - where appeal patently without merit - no basis for stay demonstrated Legislation Cited: Judiciary Act 1903 Legal Profession Act 2004 Supreme Court Act 1970 Uniform Civil Procedure Rules 2005 Cases Cited: Alexander v Cambridge Credit Corporation Ltd (Receivers Appointed) (1985) 2 NSWLR 685 Carr trading as Forshaws Neill v Swart; Lawcover Pty Ltd v Swart [2007] NSWCA 135 Daebo International Shipping Co Ltd v The Ship Go Star (No 3) [2012] FCA 1475 Hickie v Land Enviro Corp Pty Ltd [2013] NSWSC 706 Land Enviro Corp Pty Ltd v HTT Huntley Heritage Pty Ltd [2012] NSWSC 382 Land Enviro Corp Pty Ltd v HTT Huntley Heritage Pty Ltd [2014] NSWCA 34 Penrith Whitewater Stadium Ltd v Lesvos Pty Ltd [2007] NSWCA 103 Category: Principal judgment Parties: David Hickie (First Plaintiff) Vocifa Pty Ltd (Second Plaintiff) Land Enviro Corp Pty Ltd (Defendant) Representation: Counsel: F Lever SC (Plaintiffs) Solicitors: Bartier Perry (Plaintiffs) File Number(s): 2013/00078308 Publication restriction: Nil