Walker Group Constructions Pty Ltd v Tzaneros Investments Pty Ltd [2016] NSWCA 106

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Walker Group Constructions Pty Ltd v Tzaneros Investments Pty Ltd [2016] NSWCA 106 Hearing dates: 9 May 2016 Decision date: 12 May 2016 Before: Meagher JA Decision: 1. On condition that the first respondent file in the Registry and serve on the appellant duly executed undertakings of Terry and Anne Tzaneros, TZI 1 Pty Ltd, ZED Group Australia Pty Ltd and of itself, those undertakings to be substantially in the form attached to these reasons, by 4pm on 13 May 2016, dismiss the appellant's notice of motion filed 2 May 2016. 2. In the event that duly executed undertakings are not filed in accordance with 1, order that execution of (a) the judgment and orders entered against the appellant in proceedings 2009/298899 on 18 March 2016; (b) the cost orders entered against the appellant in those proceedings on 29 April 2016; and (c) order 8 entered in those proceedings on 29 April 2016 be stayed until further order. 3. Order costs of the appellant's notice of motion filed 2 May 2016 be costs in the appeal. Catchwords: PROCEDURE – application for a stay of execution of primary judgment and order releasing security for costs – whether likely respondent to appeal unable to repay judgment sum and interest or satisfy adverse costs order if appeal successful – where risk of difficulty or delay in repayment of those amounts – where undertakings offered by controllers of respondent and by associated entities to meet respondent's obligations – where those individuals and entities shown to have significant assets – whether balance of convenience favours grant of a stay Legislation Cited: Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Alexander v Cambridge Credit Corporation Ltd (Receivers Appointed) (1985) 2 NSWLR 685 Mansfield v Director of Public Prosecutions for Western Australia [2006] HCA 38; 226 CLR 486 Tzaneros Investments Pty Ltd v Walker Group Constructions Pty Ltd [2016] NSWSC 50 Tzaneros Investments Pty Ltd v Walker Group Constructions Pty Ltd (No 3) [2016] NSWSC 526 Category: Procedural and other rulings Parties: Walker Group Constructions Pty Ltd (Appellant/Applicant) Tzaneros Investments Pty Ltd (ACN 114 879 524) (First Respondent) AMT Engineers Pty Ltd (formerly Alan L Wright & Associates Pty Ltd) (Second Respondent) Representation: Counsel: J Lockhart SC with FP Hicks and E Whitby (Appellant) M Dempsey SC (First Respondent) N White SC (Second Respondent)