NSW Caselaw
Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Boral Ltd v Foley & Bear Pty Ltd trading as J&R Industries [2015] NSWCA 360 Hearing dates: 16 November 2015 Date of orders: 20 November 2015 Decision date: 20 November 2015 Before: Macfarlan JA Decision: Boral's Notice of Motion is dismissed with costs. Catchwords: APPEAL – stay pending determination of appeal – preliminary assessment of appeal's prospects of success as not strong – no evidence that respondent in financial difficulties – stay refused Cases Cited: Kuhl v Zurich Financial Services Australia Ltd [2011] HCA 11, 243 CLR 361 Jones v Dunkel [1959] HCA 8; 101 CLR 298 Lawrence v Gunner [2015] NSWCA 322 Category: Procedural and other rulings Parties: Boral Ltd (Appellant) Foley & Bear Pty Ltd trading as J&R Industries (Respondent) Representation: Counsel: C P Locke (Appellant) J Priestley SC/B Lloyd (Respondent)
Solicitors: Oliveri Lawyers (Appellant) Slater & Gordon Lawyers (Respondent) File Number(s): CA 2015/251634 Decision under appeal Court or tribunal: District Court Jurisdiction: New South Wales Citation: Boral Ltd v Foley & Bear Pty Ltd trading as J & R Industries; Foley & Bear Pty Ltd trading as J & R Industries v Boral Ltd [2015] NSWDC 240 Date of Decision: 23 June 2015 Before: Cogswell SC DCJ File Number(s): DC 2012/196212; 2012/357464
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