Marks-Isaacs v Gunns Finance Pty Ltd (Receivers and Managers Appointed) (In liq) [2016] NSWCA 315

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Marks-Isaacs v Gunns Finance Pty Ltd (Receivers and Managers Appointed) (In liq) [2016] NSWCA 315 Hearing dates: 16 November 2016 Decision date: 16 November 2016 Before: Basten JA Decision: 1. Dismiss the application for a stay of the enforcement of the judgment debt the subject of these proceedings.

2. Stand the applicant's notice of motion, filed on 16/11/16, over to allow the applicant an opportunity to renew the application for a stay on the basis of such further material as may become available.

3. Costs of today to be costs in the motion for a stay. Catchwords: PRACTICE AND PROCEDURE – stay – application to stay enforcement of judgment debt pending appeal – whether reasonably arguable basis for seeking leave to appeal – whether stay prejudicial to judgment creditor – judgment debt basis of bankruptcy proceedings in Federal Court – whether balance of prejudice favours stay Category: Procedural and other rulings Parties: Simon Marks-Isaacs (Applicant) Gunns Finance Pty Ltd (Receiver and Managers Appointed (In liq) (Respondent) Representation: Solicitors: Applicant self-represented Ms P Kastanias, TurksLegal (Respondent) File Number(s): 2016/342585 Decision under appeal Court or tribunal: District Court Jurisdiction: Civil Date of Decision: 11 November 2016 Before: Judge P Taylor SC File Number(s): 2014/112914

[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.]