Buckworth v Gladio Pty Ltd [2016] NSWCA 104

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Buckworth v Gladio Pty Ltd [2016] NSWCA 104 Hearing dates: 9 May 2016 Decision date: 11 May 2016 Before: Meagher JA Decision: 1. Appellant/applicant's notice of motion filed 6 May 2016 dismissed. 2. Applicant pay first respondent's costs of the motion. Catchwords: PROCEDURE – application for stay of execution of primary judgment until determination of proceedings in High Court – whether substantial prospect of success in special leave application – where question in appeal is one of fact, without general application and raises no question of principle – stay refused Cases Cited: Jennings Construction Ltd v Burgundy Royale Investments Pty Ltd (No 1) [1986] HCA 84; 161 CLR 681 Rinehart v Welker [2012] NSWCA 1; 83 NSWLR 347 Category: Procedural and other rulings Parties: Virginia Louise Buckworth (Applicant) Gladio Pty Ltd (First Respondent) Ashdown Home Units Pty Ltd (Second Respondent) Representation: Counsel: D E Grieve QC (Applicant) G Lucarelli (First Respondent)

Solicitors: PCR Law & Associates (Applicant) Minter Ellison (First Respondent) Meridian Lawyers (Second Respondent) File Number(s): 2015/247102

[Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.]