Woodlawn Capital Pty Limited v Motor Vehicles Insurance Limited [2015] NSWCA 227

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Woodlawn Capital Pty Limited v Motor Vehicles Insurance Limited [2015] NSWCA 227 Hearing dates: 3 August 2015 Decision date: 07 August 2015 Before: Beazley P Decision: 1. Order that, subject to order 2, execution of the judgment dated 21 April 2015 of the Supreme Court of New South Wales in proceedings 2012/83573 be stayed pending the determination of the appeal listed for hearing on 29 October 2015 upon condition that, within 14 days of the date of these orders, the appellant pay into Court the sum of $1,850,114.71 made the subject of the respondent's statutory demand dated 11 June 2015, which payment in shall then abide the further order of the Court;

2. Order that the stay in order 1 be effective immediately on compliance with the condition for payment into court specified in order 1;

3. Order that the application for leave in proceedings 2015/214801 and, if leave be granted, any appeal in those proceedings be heard together with the appeal in the present proceedings on 29 October 2015;

4. Order that the costs of the application for a stay be costs in the appeal in these proceedings. Catchwords: APPLICATION FOR STAY – stay pending appeal – where judgment debtor may be at risk of liquidation – stay ordered with conditions Legislation Cited: Companies Act 1997 (PNG) Independent Public Business Corporation of Papua New Guinea Act 2002 (PNG) Reciprocal Enforcement of Judgements Act 1976 (PNG) Cases Cited: Alexander v Cambridge Credit Corporation Ltd (1985) 2 NSWLR 685 Cook's Construction P/L v Stork Food Systems Aust P/L [2008] QCA 322; [2008] 2 Qd R 453 Texts Cited: M J Beazley et al, Appeal and Appellate Courts in Australia 2014, LexisNexis at 8.5-8.14 Category: Procedural and other rulings Parties: Woodlawn Capital Pty Limited (Appellant) Motor Vehicles Insurance Limited (Respondent) Representation: Counsel: P Kelly SC (Appellant) J Giles; H Mann (Respondent)