Traderight (NSW) Pty Ltd v Bank of Queensland Ltd [2014] NSWCA 304

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Traderight (NSW) Pty Ltd v Bank of Queensland Ltd [2014] NSWCA 304 Hearing dates: 1 September 2014 Decision date: 02 September 2014 Before: Leeming JA Decision: 1. The money judgments made by Ball J on 20 June 2014 be stayed until the determination of these appeals or further order of the Court. 2. The stay of possession orders made by Ball J on 20 June 2014 be extended until the determination of these appeals or further order of the Court. 3. Insofar as the previous orders concern the nineteenth appellant Mr Johnson, they are subject to his providing an undertaking not to dissipate any assets he has, or may in the future pending the determination of this appeal have, in substantially the same terms as have been provided by the other appellants. 4. The respondent to pay the appellants' costs of the notice of motion filed 26 June 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: PRACTICE - stay pending appeal - whether grounds reasonably arguable - whether balance of convenience supports a stay - stay granted Legislation Cited: Civil Procedure Act 2005 (NSW), s 56 Industrial Relations Act 1996 (NSW), s 106 Legal Profession Act 2004 (NSW), s 347 Trade Practices Act 1974 (Cth), s 52 Cases Cited: Alexander v Cambridge Credit Corporation Ltd (1985) 2 NSWLR 685 Campbell v Backoffice Investments Pty Ltd [2009] HCA 25; 238 CLR 304 Chen v Lym International Pty Ltd [2009] NSWCA 121 Digi-Tech (Australia) Ltd v Brand [2004] NSWCA 58; 62 IPR 184 Taheri v Vitek [2013] NSWCA 438 Vaughan v Dawson [2008] NSWCA 169 Category: Interlocutory applications Parties: Traderight (NSW) Pty Ltd (1st appellant) Bronwyn Smith (2nd appellant) Geoffrey Versace (3rd appellant) Smith Partners Developments Pty Ltd (4th appellant) Verich Holdings Pty Ltd (5th appellant) Rossmick No 2 Pty Ltd (6th appellant) Ross Chapman (7th appellant) Luke Nolan (8th appellant) Michael Bradley (9th appellant) Tomala No 1 Pty Ltd (10th appellant) Casmick Pty Ltd (11th appellant) Nolan No 1 Pty Ltd (12th appellant) Nadine Nolan (13th appellant) Rossmick No 1 Pty Ltd (14th appellant) Jude Financial Services Pty Ltd (15th appellant) Russell Gardner (16th appellant) Penelope Gardner (17th appellant) Shamarbre Pty Ltd as trustee for The Carron Trust (18th appellant) Ronald George Johnson (19th appellant) Geraghy & Palmer (NSW) Pty Ltd (20th appellant) Shauna Margaret Geraghty (21st appellant) Barry Palmer (22nd appellant) SME Business Assist Pty Ltd (23rd appellant) Scott Role McCoy (24th appellant) Leokate Pty Ltd (25th appellant) Stephen Sargent (26th appellant) Lauren Sargent (27th appellant) Best Deal Pty Ltd (28th appellant) Jeffrey Bruce Jones (29th appellant) LJH Group Pty Ltd (30th appellant) Jin Yu Yang (31st appellant) Yun Xu (32nd appellant) Southpole Financial Services Pty Ltd (33rd appellant) Harunur Rashid Chowdhury (34th appellant) Iftekhar Tarek Hassan (35th appellant) Ikthedar Hassan Murad (36th appellant) Bank of Queensland Ltd (respondent) Representation: Counsel: MBJ Lee SC / JC Conde (Appellants) S Couper QC / J Gooley (Respondent) Solicitors: McCabes Lawyers (Appellants) HWL Ebsworth Lawyers (Respondent) File Number(s): 2014/140171 Decision under appeal Citation: [2014] NSWSC 733 Date of Decision: 2014-06-06 00:00:00 Before: Ball J File Number(s): 2006/258216; 2006/258225; 2008/282126; 2009/287816; 2008/282304; 2009/287824; 2010/367117; 2008/281332; 2008/279848; 2009/287814; 2010/367086; 2010/305568; 2010/306022; 2010/304306