Sutherland Shire Council v Major [2014] NSWCA 403

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Sutherland Shire Council v Major [2014] NSWCA 403 Hearing dates: 24 November 2014 Decision date: 24 November 2014 Before: Sackville AJA Decision: 1. Set aside the order of Cogswell DCJ of 29 October 2014. 2. Grant the appellant a stay of the judgment of Cogswell DCJ 9 July 2014 on condition that the appellant pay to the respondent the sum of $70,000 within 28 days. 3. The costs of the application be the costs in the cause. [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 - application for a conditional stay of judgment pending appeal - whether evidence supported grant of stay on condition that part of judgment sum be paid to respondent Legislation Cited: Civil Procedure Act 2005 (NSW) s 67 Uniform Civil Procedure Rules 2005 r 51.44 Cases Cited: Major v Sutherland Shire Council (District Court (NSW), Cogswell SC DCJ, 9 July 2014, unrep) Major v Sutherland Shire Council (District Court (NSW), Cogswell SC DCJ, 29 October 2014, unrep) Category: Interlocutory applications Parties: Sutherland Shire Council (Appellant) Bradley Major (Respondent) Representation: Counsel: RS Sheldon SC (Appellant) L Goodchild (Respondent) Solicitors: Mills Oakley Lawyers (Appellant) Brydens Compensation Lawyers (Respondent) File Number(s): 2014/230413 Publication restriction: None Decision under appeal Jurisdiction: 9101 Date of Decision: 2014-10-29 00:00:00 Before: Cogswell SC DCJ File Number(s): 2013/110928