Croucher v Cachia (No 2) [2015] NSWCA 366

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Croucher v Cachia (No 2) [2015] NSWCA 366 Hearing dates: On the papers Date of orders: 26 November 2015 Decision date: 26 November 2015 Before: Tobias AJA Decision: (1) The judgment of her Honour Judge Norton SC of 18 May 2015 be stayed pending the hearing and determination of the appeal on condition that within seven days there is filed with the Court: (a) a signed written undertaking to the Court by the applicant in the form contained in the first schedule to these orders; (b) a signed written undertaking to the Court by Peggy Jeanette Croucher in the form contained in the second schedule to these orders. (2) Costs of the Notice of Motion are to be costs in the appeal. (3) Appellant to file and serve written submissions together with the Black Book and Blue Book by 25 November 2015. (4) Respondent to file and serve his written submissions by 28 December 2015. (5) Liberty to both parties to apply to the Registrar on 2 days' written notice to vary the directions referred to in paragraph (3) and (4) above. (6) Note that the appeal has been fixed for hearing on 2 March 2016. Catchwords: PROCEDURE – application for a stay granted subject to undertakings to the Court - form of undertakings Cases Cited: Alexander v Cambridge Credit Corporation Limited (1985) 2 NSWLR 685 Kalifair Pty Ltd v Digi-Tech (Australia) Limited (2002) 55 NSWLR 737 Category: Procedural and other rulings Parties: Ronald James Croucher (Appellant) Dennis Peter Cachia (Respondent) Representation: Counsel: Ms E Glover (Appellant) Mr McCarthy (Respondent)