Fitzgerald v Deloitte Services Pty Ltd (No 2) [2017] NSWCA 152

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Fitzgerald v Deloitte Services Pty Ltd (No 2) [2017] NSWCA 152 Hearing dates: 22 June 2017 Decision date: 22 June 2017 Before: Payne JA Decision: (1) the application for a stay is refused. (2) the applicant for a stay pay the respondent's costs of the application for a stay as agreed or assessed. Catchwords: PRACTICE AND PROCEDURE – application for stay pending special leave to appeal to the High Court – Burgundy Royale test – stay refused Legislation Cited: Competition and Consumer Act 2010 (Cth), Schedule 2 Australian Consumer Law, ss 18, 236 Cases Cited: Fitzgerald v Deloitte Services Pty Ltd [2017] NSWCA 139 Jennings Construction Ltd v Burgundy Royale Investments Pty Ltd (No 1) (1986) 161 CLR 681; [1986] HCA 84 Rinehart v Welker [2012] NSWCA 1 Category: Procedural and other rulings Parties: Kevin Michael Fitzgerald (Appellant) Deloitte Services Pty Ltd (Respondent) Representation: Counsel: No appearance (Appellant) D Stack (Respondent)

Solicitors:

Bridges Lawyers (Respondent) File Number(s): 2016/373439

[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.]