Nagle v Ultra Developments Pty Limited [2014] NSWSC 1867

Supreme Court New South Wales

Medium Neutral Citation: Nagle v Ultra Developments Pty Limited [2014] NSWSC 1867 Hearing dates: 18 December 2014 Decision date: 18 December 2014 Jurisdiction: Common Law Before: Hamill J (as Duty Judge) Decision: Execution of the writ for the levy of property issued by the Local Court at Orange in proceedings 2014/00255964 be stayed until the determination of the plaintiffs' summons in this Court.

That stay is conditional upon the plaintiff prosecuting its summons and appeal with due dispatch, including making an urgent application for a transcript and being in a position to take a hearing date when the matter is next before the Court. Catchwords: CIVIL LAW - stay of execution of writ Legislation Cited: Local Court Act (NSW) 2007 Cases Cited: De Gelder v Rodger (No 3) [2014] NSWSC 1851 Re Middle Harbour Investments (in liq) (Court of Appeal (NSW), 15 December 1976, unrep) Padkohe Pty Ltd v Fletcher [2006] NSWSC 1239 Wilson v Church (No 2) (1879) 12 Ch D 454 Category: Procedural and other rulings Parties: Robert Nagle (Plaintiff 1) Kelly Nagle (Plaintiff 2) Ultra Developments Pty Limited (Defendant) Representation: Counsel: D. Neggo (Plaintiff) S. Lipp (Defendant)

Solicitors: Whiteley Ironside & Shillington Solicitors (Plaintiff) Blackwell Short Lawyers (Defendant) File Number(s): 2014/362754 Publication restriction: Nil