AT Air Group Pty Limited v Dieter Stewart (No 7) [2014] NSWSC 1826

Supreme Court New South Wales

Medium Neutral Citation: AT Air Group Pty Limited v Dieter Stewart (No 7) [2014] NSWSC 1826 Hearing dates: 18 December 2014 Date of orders: 18 December 2014 Decision date: 18 December 2014 Jurisdiction: Equity Division Before: Brereton J Decision: Stay of proceedings dissolved and undertaking discharged. Catchwords: PRACTICE AND PROCEDURE – undertakings to the court – application for discharge from undertaking – relevant principles – where purpose of undertaking has been defeated by its breach – where not satisfied that breach was flagrant or wilful – where proceedings would otherwise be stultified proceedings – stay discharged upon those beneficially interested acknowledging personal liability for undertaking and providing security Legislation Cited: (NSW) Real Property Act 1900, s 57(2)(b) Cases Cited: AT Air Group Pty Limited v Dieter Siewert (No 3) [2014] NSWSC 1129 AT Air Group Pty Limited v Dieter Siewert (No 4) [2014] NSWSC 1186 Siewert v Aquatic Air Pty Ltd [2014] NSWCA 384 Category: Procedural and other rulings Parties: AT Air Group Pty Ltd (first plaintiff) Ross Edward Seller (second plaintiff) Aquatic Air Pty Ltd (third plaintiff) Avtex Air Services Pty Ltd (fourth plaintiff) Dieter Siewert (first defendant) Lieselotte Siewert (second defendant) Heron Airlines Travel Pty Ltd (third defendant) Wingaway Air Pty Ltd (in liq) (fourth defendant) AT Air Group Pty Limited (in liq) (fifth defendant) Representation: Counsel: N Gibson (first plaintiff) B DeBuse (defendants)